Legal Question in Credit and Debt Law in Washington
past credit card debt
I have stop making a payment on a credit card as of Aug.2000. The credit card is currently charge-off and the balance's been accumulated into a huge amount which i can't think of paying. I've open the card in the NY state and now I am currently residing in WA. Does SOL applies to me? If it doesn't can creditor come after me? I need some help. Thank you.
1 Answer from Attorneys
Re: past credit card debt
The Statute of Limitations on collection of a debt pursuant to a credit card agreement in WA is six years.
If you were living in NY when you opened the account until when you quit paying the debt, it is possible that the NY statute of limitations applies, and I don't know what that is (I'm not licensed there).
Wherever you were or are, there is a SOL that applies to you.
The creditor has waived his right to come after you by waiting too long.
HOWEVER, that doesn't stop some collection agencies. You need to be very careful what you say to them, if they call, as certian comments you could make could be construed as waiving the SOL.
Collection agencies will sometimes "re-age" a debt by making your report look as though you made a payment, which would push back the SOL and enable them to continue to come after you. They will also sometimes file suit and get a judgment without telling you. You probably should look at your credit report and see what it says. Annualcreditreport is the truly free one, freecreditreport is a scam.
Check with the Court where you lived in NY, check with the superior and district courts here in WA to see if this has happened.
What you might enjoy is to go look at budhibbs dot com. He has some really good thoughts on dealing with collectors.
Hope this helps. Elizabeth Powell