Legal Question in Credit and Debt Law in Pennsylvania
Past Debt
I have a credit card that I did not pay for 5 or 6 years and now I recieved a court lawsuit and some kind of packet in the mail that I need to fill out all my financial information from the law firm that is representing the credit card company. I did not hear anything from this credit card company for years. If I do not fill this out what will happen? Should this card be taken off of my credit in another year anyway? It is for a total of $1,200. Thank you.
2 Answers from Attorneys
Re: Past Debt
The Statute of Limitations for action such as this is four years. It appears from the facts as related you may have a valid defense. if the creditor is pursuing this action and has knowledge that it is a debt barred by the statute of limitations you may have some recourse. In any event you cannot stand still you must respond to the complaint within 20 day of service to avoid having a judgement entered for failur to respond. You should consult with an attorney to further evaluate your situation. If you would like a consultation you may call my office to schedule.
Re: Past Debt
You asked about a consumer debt collection.
Consumer debts are generally uncollectable after 4 years of inactivity per the state statute of limitations (there are some caveats to this). That means that a debtor should not collect a debt after that period.
If a person is sued on an old debt that is limited by the statute of limitations then suit can be defeated on this principle.
Do your research and defend the suit. If this doesn't come easily hire an attorney.
Regards,
Roger