Legal Question in Credit and Debt Law in Pennsylvania

This debt is governed by both PA law and the Fair Debt Collection Practices Act. Under PA law most consumer debt is uncollectable after four years from the date the debt was charged off. Generally the date of charge off must be no later than six months from the date of last consumer activity on the account. SO, given the information that you provided the debt would be uncollectable. That doesn't mean that you don't owe the debt (morally), but it does mean that you don't owe the debt legally. Moreover, if the collection agency is doing anything outside the law then you should consider suit to stop the harassment. If you win you could recover the higher of actual damages or statutory damages, plus the collection agency would have to pay your legal fees.

Regards,

Roger

Mr./Ms. Golding:

Its legal for debt collectors to try and collect the debt. However, you do not indicate when the delinquency /chargeoff occurred or the state that the debt was created in. In PA and most other states, the time period is short (4 years in PA; 3 in NC). However, some states have longer periods and the creditor can sue under the law of where you reside now or where the debt was created.

The statute of limitations is a waivable defense. What this means is that IF the creditor decided to sue you and the statute has expired, then you would have to file what is called an "answer" to the complaint raising the statute of limitations as a defense. If you fail to do that, the statute is waived and it does not matter that the debt is old.

Do not make the mistake of paying something to get them off your back. Partial payment will revive the statute.

If you are unclear about the debt, I can help you put a stop to the harassment and to ask for what is called "validation of the debt" for a reasonable fee. The debt might be so old that the creditor can no longer prove that you even owe the debt. If that is the case, you need to demand validation and it must be done in writing. Again, if the creditor refuses to provide it and they try and sue, you can assert this as a defense. Don't just ignore it - creditors are getting crafty by not suing on the credit card contract but by sending letters claiming that this is an "account stated." If you fail to object to their version of the statement, it can be held against you. So the validation is important for that reason as well.

In addition, this could be a case of identity fraud. Someone could have used your information to get the card if you do not recall anything about the debt. This is yet another reason why it is important to request validation.

Feel free to contact me if you would like me to assist you.

Rachel Hunter

Attorney at Law

[email protected]

(678)-687-9693

Admitted in GA, PA & NC

In addition to the answers previously given, which I agree with, it should be pointed out that the statute of limitations (4 years in PA) will start over if you acknowledge the debt. That is, if they call you and try to collect, and you say, "yes, that's my debt," or something like that, the 4 years starts over.

Regardless, if they are illegally harassing you, you can file suit against them. Let me know if I can be of any help to you. I do practice in your area.

Good luck.