Legal Question in Credit and Debt Law in Pennsylvania

debt

will unpaid credit card debt ever be discharged?


Asked on 5/08/07, 4:01 pm

3 Answers from Attorneys

John Gibson John W. Gibson, Esquire

Re: debt

Mr. Nahrgang is correct, of course. I've been seeing some suits filed beyond the statute of limitations. In Pennsylvania it is an affirmative defense that must be raised and some creditors will sue and try to get a default judgment. If they do get a default judgment then it remains until it is satisfied or discharged in bankruptcy.

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Answered on 5/09/07, 1:15 pm
John Gibson John W. Gibson, Esquire

Re: debt

Yes. The statute of limitations is four (4) years. But not if the credit card company has obtained a judgment. In that case, it has to be satisfied or discharged in bankruptcy.

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Answered on 5/08/07, 4:19 pm
Matthew Nahrgang Nahrgang & Associates, P.C.

Re: debt

Debts are owed in the nature of contracts. There is a 4 year statute of limitations which means a creditor has 4 years from the date of last payment to sue you. After that, if they sue, you have a solid defense. However, you must defend any such action or a judgment will be entered against you no matter when it is filed.

Assuming a creditor fails to sue you within the 4 years, or after, the debt does not go away. The creditor is free to call you to collect and the debt is still owed.

The only sure, definite way to eliminate a debt is through a bankruptcy. That is a true discharge of the debt.

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

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Answered on 5/08/07, 5:10 pm


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