Legal Question in Consumer Law in Washington

statute of limitations on credit card debt

I have an old credit card account. No activity in over 8 years. Received letter (hand delivered) from an attorney(?) written of legal looking form stating a law suit had been started. No court stamp so not filed with court. Letter addressed to maiden name and John Doe (maiden name). This account written off approx 7 years ago. Told by what I thought was reliable source that since account written off and statute of limitations had long since passed I was no longer responsible for this debt. Should I just ignore this letter (is it just a scare tactic?) or should I write a letter stating statute of limitations passed? I am hesitant to respond since am afraid this will restart my statute of limitation.

Thank you


Asked on 6/27/06, 12:24 am

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: statute of limitations on credit card debt

IF the "letter" you received was a summons and complaint and someone handed it to you, you need to respond.

You have twenty days to respond.

You should hire counsel if you have any questions about what that response should be. If you are completely correct that you opened and used the account eight years ago, and have had no contact or other performance on the agreement for eight years, then yes, the statute of limitations has run.

In WA the time allowed to sue on a written agreement is six years. You can look it up in the Revised Code of Washington, Title 4.

An attorney has a duty not to bring actions that are frivolous. Arguably it is frivolous to sue someone on a debt for which the statute of limitations has run. There is nothing that can be done from the plaintiff's perspective to cure this deficiency. You lose nothing by responding in writing and saying, "I have been served; however, the statute has run, so if you insist on pursuing this frivolous claim, I demand notice of any further proceedings."

Best of luck with this. Powell

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Answered on 6/27/06, 9:28 am


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