Legal Question in Consumer Law in Massachusetts

Re: Statute of Limitations on credit card company

The statute of limitations on contract actions is 6 years from the date the creditor knew or should have known they might have a claim against you; i.e., when the debt was not timely paid, 17 years ago. I suppose its remotely possible that the Discover agreement in place at the time tried to extend by contract the limitations period for collecting past balances, but I can't imagine it would be enforceable, especially 17 years later.

Besides, since you have no memory of the debt, it could be erroneous, fraud charged to your card, who knows. that's the point of limitations - at some point there's no way to go back and recreate the claims or defenses.

Here's what you should do. Write to the collection agency, clearly telling them, first, that this debt is not due and is disputed by you. Tell them you owe Discover nothing, and even if you did, they cannot assert claims in good faith 17 years later. Tell them any further effort to collect from you under these circumstances will be reported directly to the Attorney general.

Second, demand that they produce - as they are obligated by law to do -- copies of the documents supporting their supposed claim.

Make sure you keep copies of your letter for your file.

If they continue to try to collect from you, there is action you can take with the Attorney General, and any claim they may bring will be invalid unless they can demonstrate your liability, which after 17 years is a stretch, indeed. Same goes for if they fail/cannot demonstrate the validity of the claim in response to your written request that they furnish the dicuments entitlting them to payment now.