Legal Question in Credit and Debt Law in Pennsylvania

old credit card debt

I had a call last night fron an attouneys offfice reagrding a credit card I defaulted on in 2005. Whilch I think was longer ago but they are saying that they are going to summons me if I dont pay $10000 by the end of the month. The credit card limit was $500 or less. They also offered some ridiculous payment arrangements that I could no way afford. The best offer in their eyes is a settlement for $3000 that must be paid today. I dont know what to do. I have been reading and most things I see say dont have anymore contact with these people. Please HELP.


Asked on 8/14/08, 7:49 am

2 Answers from Attorneys

John Gibson John W. Gibson, Esquire

Re: old credit card debt

Collection agencies frequently try to collect on stale debts. Instead of using the actual default date they will claim that the statute runs from the "charge off" date or some similar nonsense. Nevertheless, it is important to answer any complaint that they file with any court because the statute of limitations is an affirmative defense that must be raised. It is four years in Pennsylvania. Because of the amount that is being claimed, it appears to me that you have other defenses as well.

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Answered on 8/15/08, 9:52 am

Re: old credit card debt

IMMEDIATELY dispute the debt, and demand proof of the debtt with a full accounting. Most of the time, they can't explain how they come up with their numbers and the proof of the claimed debt. There are MANY MANY pieces-o-crap out there, buying bad debt and trying to collect, where they are not entitled to because of the stastute of limitations or other reasons. They try to get even a small payment on the old-bad debt, to revive the obligation - SO SEND THEM NOTHING BUT A WRITTEN DISPUTE!!! You tell them if they can't account for and properly explain it you don't owe it and won't pay it! Then go see an attorney or get good at online research and defending your self.

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Answered on 8/15/08, 11:04 am


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