Legal Question in Credit and Debt Law in Pennsylvania

Re: credit card SOL

You asked about a credit card debt.

Even where a statute of limitations has run a debt is still owed. Whether or not a debt is enforceable is entirely different from if a debt is owed.

Depending on what transpired you may or may not have reinstated the statute of limitations on the debt.

You should speak with an attorney about this matter to determine what you should do. If the debt has not been renewed yet then a payment would absolutely restart the clock.

See an attorney and possibly save yourself the amount of the debt.

Regards,

Roger

Re: credit card SOL

The statute of limitations on contracts is 4 years. That has been held to be 4 years from the date of the last payment. If you have not made the payment yet, the court must look to your last payment. If that was within the 4 years, they can pursue it.

You can appear in court, raise the statute of limitations defense and see what happens. Also, if the plaintiff is not the original creditor, they must prove they have the right to sue you by showing their legal ownership of the debt.

You should speak to an attorney to determine your rights and, depending on the amount of the claim, it may be best to retain one.

Finally, if you have other debts, you could consider a bankruptcy which would possibly eliminate all debt without having to go to court.

I trust this answers your questions but feel free to call or E-mail on a free initial basis.