Legal Question in Credit and Debt Law in Pennsylvania

being sued over a credit card debt

I got a summons about an old credit card debt from a collection agency. They sent it to me twice before at an address I never lived at and both times magistrate filed for a continuance or I would have lost a default judgement. The address appears on one of my credit reports that doesn't say where I actually live and also lists my current address, it's on another of my credit reports that I lived there in 2004, and I had it removed from the 3rd one last year since I never lived there. The other two wouldn't remove it because they said I had business there if I never lived there or something. I googled the address and it's a house so I don't know what business I had there. I did once have a credit card with the # they're reporting so it's not from someone stealing my identity or just someone else with the same name. I have a couple of questions about this. First the statute of limitations in PA where I live is 4 years. According to my credit report my last payment was in July 2004. They filed suit the first time in Sept 2008 so am I in the clear for the statute of limitations? I have a letter from the original creditor saying that I was 5 months delinquent in Nov. 2004. Will this be enough to win the case?


Asked on 12/08/08, 3:23 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: being sued over a credit card debt

If the amount is large enough you may wish to have an attorney present your arguments. 4 years is the statute of limitations. Additionally, most creditors have evidentiary issues a lawyer can help with. I offer free initial consultations.

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Answered on 12/12/08, 6:05 am


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