Legal Question in Credit and Debt Law in North Carolina
I just got a call from First National credit card company and they informed me that they are changing this old debt into a breach of contract and suing me. .this debt is more than 14 years old, I got the credit card back then I think with $200 credit line, and I am in NC isn't the statute of limitations expired on this? I also just started paperwork to file for bankruptcy and she said that would not help this debt. Can they do this 14 years later, just change the debt to breach of contract and sue me?
2 Answers from Attorneys
They didn't change the debt to breach of contract, any non payment of the debt is breach of contract.
The statute of limitations in NC is 3 years from the last time you paid, used he card, or acknowledged you owed the card...not from when you took it out. So if the last even was more than 3 years ago, then they cannot sue.
In any event, if you started the bankruptcy process listen to your attorney, this debt will be discharged unless there are facts not posted here...she only said that because people threaten bankruptcy all the time and never file.
I agree with Attorney Love. Why are you filing bankruptcy? Do you have more than $10,000 in dischargeable debt aside from this debt? If not, it may not make sense to file.
This whole thing with First National sounds like the debt was bought up by a debt scavenger with a nasty and stupid debt collector who hopes to feed you a line of BS in the hope of scaring you into making a payment. Debt collectors lie. All the time, Do not get legal advice from them as they are not looking out for you. If you are filinmg bankruptcy, why is your bankruotcy attorney not helping you with this?
Don't pay or agree its your debt as it will revive the statute of limitations. Bankruptcy will discharge this debt and should be listed in your bankruptcy petition regardless. The statute of limitations is only a court defense. While the statute in NC is three years on a credit card, I don't know what the credit card agreement provides or if this is even an NC debt, Even if it is an NC debt, there are laws prohibiting suit on debts barred by the statute of limitations so you cannot be sued. I seriously seriously doubt that First National still own the debt.