Legal Question in Credit and Debt Law in Pennsylvania

Re: Old Debts

The statute of limitations may have passed. It may be cost effective to retain an attorney. I offer a free initial consultation.

Re: Old Debts

The statute of limitations is four years in Pennsylvania. There's an argument that partial payment of the debt or a promise to pay starts the four year period over again as of the date of payment but I've had occasion to research that particular theory to defend a case brought in state court and these theories are not as strongly supported as many people, even attorneys, seem to think.

However, the statute of limitations is an affirmative defense and has to be raised. Although there are a few jurisdictions where courts have ruled that it is unethical for an attorney to attempt to collect a debt that he or she knows is barred by the statute of limitations, I haven't seen any Pennsylvania cases to that effect. However, I'm not sure that a defendant in a suit to collect a debt that was obviously barred by the statute of limitations would not have a cause of action against the attorney under Pennsylvania's Dragonetti Act. This statute at 42 Pa.C.S. � 8351 provides that: "a) ELEMENTS OF ACTION.-- A person who takes part in the procurement, initiation or continuation of civil proceedings against another is subject to liability to the other for wrongful use of civil proceedings:

(1) He acts in a grossly negligent manner or without probable cause and

primarily for a purpose other than that of securing the proper discovery, joinder of parties or adjudication of the claim in which the proceedings are based; and(2) The proceedings have terminated in favor of the person against whom they are brought.

As to your immediate question, my standard advice to clients is to tell them that the debt is so old you forgot about it and suggest that they do the same.