Legal Question in Credit and Debt Law in Montana
Statute of Limitations
I was contacted by a collection agency today in regard to a debt that I wasn't even aware still existed. The debt is from a credit card opened in 1994 in Montana. The collection agency said the last payment received was n 1998. They are now threatening judgement if I don't pay the balance in full by Aug 31, 2007. The debt does not appear anywhere on my credit report. I have never contacted before now about this debt. With the time that has gone by, what actions can be taken against me regarding this debt. I'm not trying to escape repaying this debt, I just want to know if I have any other options other than what they have offered.
1 Answer from Attorneys
Re: Statute of Limitations
The SoL has expired. They cannot sue you for judgment. Their threats to sue are not allowed under the Fair Debt Collection Practices Act, and you can sue them for statutory damages of $1000 plus your attorney's fee.