Legal Question in Credit and Debt Law in Louisiana

I have been calling some of my old creditors to try to get settlement offers on my past due balances. Some of these credit accounts are older than 3 years. When I called one of them today, they told me that my account is expired and that collections has passed the three-year statute of limitations in my state to collect the debt or to sue me for the debt. She said that the only way to reopen the debt for legal action would be to make any kind of payment on it. She was pretty much recommending that I do not pay anything on the account. I have called other creditors that are passed 3 years from the date of my last payment or from closure of the account, and they are still trying to collect either directly or through collection agencies. If I called and ask for a settlement offer and told them that I would like to try to settle the debt soon but gave no account information or date of payment or set up payment in any way, is that considered a promise to pay, which could reopen the three-year statute of limitations?


Asked on 1/24/18, 2:46 pm

1 Answer from Attorneys
Adam Lambert The Law Office of Adam S. Lambert

The first person gave you good advice. In Louisiana, the Open Accounts Statute gives a credit card company three years from the "date of last activity" to sue you. After that, they can't sue you for the debt. However, if you make a payment after that period runs, the 3-year period starts all over again, so that would be a bad idea. Also, you should google the Fair Debt Collection Practices Act and the Fair Credit Reporting Act (especially the former). They call for stiff penalties if debt collectors misrepresent the status of a debt (by telling you a prescribed debt is still subject to a lawsuit).

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Answered on 1/25/18, 10:31 am


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