Legal Question in Credit and Debt Law in Pennsylvania
credit card debt
a collection agency filed a hearing against me for $6000 but i believe it is past its statue of limitations. in pa its 4 years from the last account activity. does this count the date the card went into Defalt as account activity.i believe its the last payment or last purchase.
1 Answer from Attorneys
Re: credit card debt
This is an open question in Pennsylvania. The collection agencies argue that it runs from the date of your last payment. I'd argue that it runs from the date that you are over your limit on the card since that is the first time when the credit card company has a cause of action. Meaning that is the earliest time at which they may file suit. But you have to answer the complaint because the SOL is an affirmative defense. If it is the collection agency itself filing suit, you may also consider arguing that they are not the real party in interest.
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