Legal Question in Credit and Debt Law in North Carolina

statute of limitations/unsecured credit card debt

WOW! What a fast (and greatly appreciated) response! I mistakenly typed debtor; when I meant to ask if a creditor can file suit for payment if the 3 yr. SOL has expired. Barring any extenuating circumstances, is the 3 yr. SOL an ''automatic'' defense? And this does not mean they still can't receive a judgement, does it? But does it mean they can't collect? You folks can't know what a help you are. Thanks so much.


Asked on 10/21/07, 10:23 am

1 Answer from Attorneys
Jeff Rosner Rosner Law Firm P.A.

Re: statute of limitations/unsecured credit card debt

If the statute of limitations is raised as a defense (and it is a valid defense - meaning the applicable period has passed and nothing has occurred to reset it), then the creditor will not be able to get a judgment. From the creditor's perspective, they can always try to sue and see if it is raised. If the debtor doesn't raise it as a defense or doesn't answer the complaint, then the Creditor may be able to get a judgment.

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Answered on 10/22/07, 8:26 am


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