Legal Question in Credit and Debt Law in New Jersey
Can a collection agency try and collect on a credit card bill from 1995? The bank is in P.R and has no info. about the card or the agency anymore. This so called agency in in P.R. I Came to NJ in 1998. Someone told me that after 7 or 15 years they can't collect anymore. Is that true?
Thank you so much for any information you can give me.
3 Answers from Attorneys
If you do not pay for 6 years and they do not sue for 6 years and you do not agree during that 6 years that you owe and will pay, then...the statute of limitations has likely run out. they can not collect.
however, you need to assert that right.
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The key words you used are "can" and "try" anyone can try and do anything. You should speak to an attorney to get help. Call me anytime.
The Statute of Limitations is six years in New Jersey: no payments for six years, no lawsuit within six years of your final payment or final transaction = no more debt for you! That being said, people will try to collect debt forever since many people do not know their rights. The Statute of Limitations is what is known as an "Affirmative Defense", meaning that you must raise the defense and prove it. Once you raise it with the debt collectors, they should stop calling you because they will realize that you are a savvy consumer. If I were you, I would write the Agency a letter to that effect and they will stop bothering you - or if they continue to harass you, they can be sued and you will recover $$$ damages from the Collection Agency! Good luck - and please contact me if you need any assistance is this regard.