Legal Question in Credit and Debt Law in Pennsylvania

I live in the state of Pa. and about 15 to 17 years ago had an americn express card..

I was hurt in a auto accident and became disabled and could not pay it off.

I have not heard anything from them for a long time and today I got a letter from NCO stating that I owed $2235.00 and $9000 + interest.

is it not pass the time that this can not be collect.


Asked on 9/24/10, 10:30 pm

2 Answers from Attorneys

Cary Hall Law Offices of Cary B. Hall, L.L.C.

Yes, the statute of limitations on a breach of contract case (meaning, your credit card agreement) has indeed passed -- PROBABLY. If you have admitted the debt and/or made any partial payments within the last four years, however, such actions typically re-start the limitations clock all over again and revives the claim against you.

If you haven't had any communications with the the credit card company or its collection agencies for 15-17 years, though, I suggest you send them a very short letter asking that they stop contacting you . . . and say nothing more. If they do sue you, you can raise the expiration of the statute of limitations as a defense.

Best of luck to you.

Cary B. Hall, Esquire

Law Offices of Cary B. Hall, L.L.C.

121 East Chestnut Street, Suite 205

Souderton, PA 18964

T: (267) 663-9995

F: (215) 525-4364

[email protected]

http://www.carybhall.com

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Answered on 9/30/10, 5:47 am
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

I agree with the answer provided by Atty. Hall. The statute of limitations is 4 years. If you have not "acknowledged" the debt (by saying it was your debt when a collection agency called you, for example) or made a payment within the 4 years, the statute of limitations applies. Don't do anything that they could construe as "acknowledging" the debt. Don't talk with them on the phone.

You may want to look at your credit report to make sure that they haven't placed the debt on your report. If they did, this could be a violation of the law. In addition, if they do sue you, you should hire an attorney who will be able to get the suit dismissed as a result of the statute of limitations or other, additional, reasons.

Please feel free to email me with any questions or if you need an attorney.

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Answered on 9/30/10, 8:46 am


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