Legal Question in Credit and Debt Law in Iowa
credit card in Iowa
I thought the statute of limitations for a credit card in the state of Iowa is 5years from your last attempt payment? I have recently been contacted by lawyer concerning a card debt with the last payment being June of 96'. I explained the statute has long since past and just found out they have filed in District court against me for the entire back amount plus 5% interest since 96' and that the debt was bought by a lending company and they are the ones filing against me. Now I am required to file a response with the court. My question is there any merit to this suit and can I file the motion to dismiss based upon statute of limitations and have the suit go away?
1 Answer from Attorneys
Re: credit card in Iowa
Most people never contest their liabiilty. They allow a default judgment to be taken against them. In this case you need to hire an attorney and dispute the debt and you need to do it quickly because you likely have less than 30 days to get your answer on file.
But be careful. Sometimes there actually is no case on file. Sometimes these guys just say this to get you to pay them.
Contact the district court where the case is on file, and find out if the case has actually been filed. Even if it has, you are not responsible until you are served with a copy of the lawsuit. This is normaly done by the sheriff or sometimes by certified mail.
Contact an attorney right away. If this is truly from 1996, the statute has clearly run. The debt collector may be violating federal law by suing, and may be responsible for your attorneys fees in some venues.
Get thee to a lawyer today!
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
