Legal Question in Credit and Debt Law in New Jersey
does a debt collector have the right to file legal action after 14 years?
Asked on 10/03/12, 8:33 am
1 Answer from Attorneys
Philip D. Stern
Philip D. Stern Attorney at Law, LLC
Generally, no -- but maybe.
Except for some student loans which have no statute of limitations, the longest statute of limitations relevant to debts is 6 years in New Jersey. The 6 years runs from the last payment or the last time the debtor acknowledged the debt.
A debt collector can attempt to collect a time-barred debt without violating the Fair Debt Collection Practices Act so long as (1) no lawsuit is filed and (2) no lawsuit is threatened.
Answered on 10/03/12, 12:47 pm