Legal Question in Credit and Debt Law in Massachusetts

Has statute of limitation run out

I have been served court papers from an atterny trying to collect money for his client on a credit card account his client purchased from the credit card co. on Nov 20, 1997.

Has the statute of limitations run out on this dept? He is attemting to seek judgment. A summons was brought to me I now live in Florida. The summons was served 3-30-04.

If so do I just write back to the court and the lawyer stating the limitation has run out?

Thanks

Bill


Asked on 3/31/04, 8:36 am

1 Answer from Attorneys
David Baker Law Office of David Baker

Re: Has statute of limitation run out

The statute of limitations regarding contracts says that most lawsuits must be brought within six years after the cause of action "accrues". Generally, for credit cards, the cause of action accrues when you fail or refuse to make a payment on account. So, you need to determine when you last made a payment. If six years has run, then write back to the court and say so. If not, you probably should pay it. Good luck!

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Answered on 3/31/04, 8:48 am


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