Legal Question in Credit and Debt Law in Nevada

I have a received a letter from a debt collector saying I owe them from a credit card that was last owed in 1998 in Arizona.

The debt agency is located in Virginia and they say they purchased the account in 2004. How is the debt seen in this situation? Does Virginia law rule over the previous law in Arizona, which was 6 years


Asked on 4/06/10, 5:38 pm

1 Answer from Attorneys
Paul Malikowski Malikowski Law Offices, Ltd.

Your original credit card agreement (contract) may have a written choice of law provision that may control the parties, and answer your question. By referring to "6 years", perhaps you believe that a statute of limitations controls the debt collector's actions. A successful limitations defense in a debt collection lawsuit may settle the claim favorably to you in court.

The party relying on such a defense has the burden of timely and properly bringing it up in court, has the burden of persuasion on the issue in court and also has the burden of proof of all facts necessary to sustain the affirmative defense in court. Your attorney can (and should) explain further.

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Answered on 4/11/10, 5:51 pm


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