Legal Question in Credit and Debt Law in Pennsylvania

Collection of a credit card

I recieved a letter from a collection agency stating that they had bought a card debt from a company. I didn't recognize this card as one that I had ever had so I called the agency. They said that the account had been opened in 1985 at which time I told them I was 16 at that time. They responded that someone in my family may have opened the account but that I was still responsible for the bill. They also had my SS#. What rights do I have? I did not open this account & it's been 22 years?


Asked on 9/10/07, 9:02 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Collection of a credit card

You asked about an old debt.

Some collection agencies just accumulate old debts such as these by either purchasing them for pennies on the dollar or even inheriting them through a sale or merger.

Most consumer debts are unenforceable (in PA) after four years from the date of default. This debt is dead as as debts can be. Ignore the collectors. If they are annoying then annoy them right back. You can do some research on the Fair Debt Collection Practices Act: If you can force them or catch them violating the FDCPA then you can hire an attorney to sue. We love those cases as the claim can be brought in local or federal court, the debt collector pays our legal fees when we win and the client gets paid statutory damages of $1,000.

And, FYI, if a party is 16 when a card was granted then he/she isn't liable unless they used the card after they turned 18.

Regards,

Roger

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Answered on 9/12/07, 11:13 am


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