Legal Question in Credit and Debt Law in Pennsylvania

I am not sure I understand the question. The statute of limitations has nothing to do with the ability of a creditor or debt collector to call you. Every cause of action at law has a statute of limitations and a credit card is no different. Assuming this is a PA debt (debt created in PA and you still live there), then the creditor or collector has 4 years from the date of default (when you stopped paying) to sue. They can call or bring suit at any time in those 4 years.

Once the 4 year period passes, they can still sue on the debt. Some creditors and debt collectors are sleazy and will sue even if a debt is barred by expiration of the statute. However, in such case, it is a good idea to get a lawyer. The statute of limitations is a waivable defense. What this means is that if you do not properly raise it in an answer, its waived and does not apply. That is why I suggest a lawyer in such case. There are many lawyers who specialize in credit card defense and it will be worthwhile for you to pay a lawyer to draft an answer which raises the defense and get the case dismissed.

Even if a debt is barred by the statute of limitatins and the creditor or collector decides not to sue, there are junk debt buyers who routinely by up these kinds of debts and will still try to collect them. It is not illegal.

You might ask why would you knowingly pay on a debt that is barred? There are reasons, but you should only do it after first at least talking to a lawyer. You have to be very careful - a payment made after expiration of the statute of limitations will revive the debt and start the statute running all over again. It depends on your circumstances. Debts can stay on your credit report 7 years from the time they are sent for collection or charged off (charge off occurs about 90-180 days after you last paid). So the debts can stay on your credit report longer than the statute of limitations. Sometimes a person wants to refinance his/her mortgage. Others just want peace of mind knowing that the debt is resolved.

As I said, I don't really understand your question. Most creditors allow a brief grace period before they start calling, but each creditor is different. Review your credit card agreement. Other creditors will start calling if you are even 1 day late on your payment, so it just depends, but my experience with credit cards is that they will give a grace period. Then they start calling.

The statute of limitations does not begin to accrue generally until the right to sue could successfully be maintained by the creditor, i.e., until you have not made a payment when it is due.