Legal Question in Credit and Debt Law in Minnesota

I am being sued for a very old credit card debt that was charged off years ago. I am judgement proof as I live on disability benefits and state funds, energy assistance, food stamps, etc. About 4 years ago I obtained a new credit card with about a $3000.00 limit. I use it only for emergengies ( my SUV is 19 years old) My question is this. Can a Judge or the bill collector force me to hand over all the funds I have in my new credit card account to pay back this old charged off debt??


Asked on 2/19/15, 7:11 pm

1 Answer from Attorneys
Morgan Kavanaugh Wilkerson & Hegna, PLLP

In Minnesota, the statute of limitations on a breach of contract claims is 6 years. Depending on when you defaulted, you could have a defense to the action. You should have an attorney review to see if you can bring a motion to dismiss. If they did obtain a judgment against you, they would be unable to get at the credit card because credit is not actually funds they can levy to satisfy a judgment. They could, however, attempt to get at bank accounts and other assets, although it sounds like what you have and receive is likely exempt from collections.

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Answered on 2/20/15, 7:38 am


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