There are really 2 separate issues at play in your post. First, any creditor can sue at any time for any reason. It would be your responsibility to raise the statute of limitations as a defense to the lawsuit - whether or not the SOL has expired in your particular matter would have to be looked at carefully - there are lots of ways to reset the SOL clock on a case simply by saying something to the creditor. The second issue is whether, if they do manage to obtain a judgment, they can collect. If you are only receiving SS or other assistance, you're probably judgment proof, so they couldn't collect. Again, your specifics would have to be reviewed. Speak with a local bankruptcy attorney.
We can be reached at 507.334.0155 (Toll Free: 888.777.5009). Our web address is: www. corbin-law-office.com. Answers on Avvo are not to be considered a response to a specific legal issue in a specific jurisdiction - they are to be considered only general responses to hypothetical scenarios posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction. No information contained herein should be construed as a solicitation for business, an offer to perform legal services in any jurisdiction in which the attorneys of Corbin Law Office are not licensed, or the dissemination of legal advice. No creation of an attorney-client relationship should be assumed or implied. We are a debt relief agency. Corbin Law Office helps people file for bankruptcy relief under the bankruptcy code.
Mr. Corbin is correct. In Nevada, if the clock on the statute of limitations has not been reset, the credit card company must file a lawsuit with in 6 years to be with in the statute of limitations. However, if you believe that they are harassing you, then you need to talk to a Fair Debt Collections Act attorney who may be able to stop the credit card company from continuing.