Legal Question in Consumer Law in Pennsylvania

My daughter went to college in NH 10 years ago but lives in PA. They continuously contact her for payment of late fees for 2 VCR tapes borrowed 10 years ago. They have requested payment of hundreds of dollars and will not stop calling her. Must she pay those fees or can she offer payment of current price for VCR tapes?


Asked on 6/09/10, 2:37 pm

2 Answers from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

She can ignore the debt. IN PA consumer debts are generally noncollectable after four years. The debts don't go away, but the creditor cannot sue to recover and cannot report the bad debt after the four year period. PA is the state law that would govern here because that's where she now lives.

If this is the original creditor (the lender) then she should simply tell them that they may no longer call her and must deal with her in writing. If this is a debt collector chasing her then she should contact an attorney as it is likely that the collector is violating the Fair Debt Collection Practices Act and may be liable to your daughter for statutory penalties and attorney fees.

Regards,

Roger

(215) 279-8940

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Answered on 6/09/10, 5:51 pm
Rachel Hunter

Its unethical for me to discuss your adult daughter's situation with you. This may depend on NH statute of limitations, but the statute has expired there as well (it appears to be 3 years there).

Know that even if a debt is barred by the statute of limitations, debt collectors still try to sue. The statute of limitations is a waivable defense - that means if someone is sued and do not raise the defense, its waived and it does not matter. Its not unlawful for a debt collector to try to collect a debt even if it is barred. Partial payment now may revive the statute so do not pay anything unless there is a written agreement that payment will be regarded as full settlement of the debt.

I would disagree with Attorney Traversa regarding the reporting of the debt. It can be reported for 7 years, but as this occurred more than 7 years ago it should no longer appear on the credit report. The debt collector may try to "refresh" the date of the debt by furnishing false information to the credit bureaus. The only way to know is to get a copy of the credit report and see.

Please have your daughter contact me if she wants me to review her credit report and if any violations are discovered so that I could make the collector aware of them. I could also stop harassment by the debt collector or creditor.

Rachel Lea Hunter

Attorney at Law

(678)-687-9693

[email protected]

Admitted in GA, PA & NC

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Answered on 6/10/10, 9:57 am


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