Legal Question in Credit and Debt Law in Pennsylvania
debt
what is the statute of limitation on credit card debt.
2 Answers from Attorneys
Re: debt
In PA, it is 4 years from the date of the last payment.
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Re: debt
The statute of limitations is four (4) years but I can't find any case law on whether it runs from the last payment or not. The theory is that the last payment is an acknowledgment of the debt that restarts the statute. I had occasion to argue the point several years ago in arbitration (the debt did not involve a credit card though) and the panel found that collection was barred notwithstanding a partial payment. I relied in part on a New York case that held that payment by a co-obligor did not extend the statute that case was Manufactures and Traders Trust Co. v. Lindauer, et al.,; the other case was from Maryland and was Himelfarb v. American Express Co. I vaguely recall one Pennsylvania County Court case also but I can't locate it in the old file. Sorry but the site won't let me post the citations because it is apparently reading the cases as telephone numbers.