What is the statute of limitations for a unsecured debt in PA

Asked almost 2 years ago - Lancaster, PA

I took a personal loan in 2006 for $3000. Its now $5600 and owned by a debt collector (they bought it in 9/1/2008) The summons i got is at a Magisterial District Court, and it says case was reinstated 12/12/2012 but first filed 4/26/2011. I was constantly harrassed by this creditor for years up until the last 2 years i never heard from them. I also never paid on it since 2006 and never said i would pay. I remember signing a bunch of paperwork of course but not sure if it was a promissory note or not. So im not sure if im liable to pay this or not due to the limitations.

Additional information

The Summons also says the account has been in default since 6/29/2007

Attorney answers (3)

  1. Rachel Lea Hunter

    Contributor Level 14

    2

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . A creditor has 4 years from the date of your last payment in which to sue. It does not matter when they bought the debt but when the last payment was made. Since suit was first filed in 2011, the lawsuit may be timely. I am not sure why it was "reinstated." What happened? Was the complaint ever served? If not, why not? Was the action discontinued and then re-filed? If so, when?

    These are all questions that a lawyer has to answer. If you have a valid defense then this has to be asserted in a timely filed answer. If the complaint is in magistrate's court, then you have to tell the magistrate that you intend to present a defense.

    You don't indicate when the hearing is scheduled for but I suggest you get up with an attorney NOW.

    He is not in your area, but Attorney Greg Artim here at Avvo does statewide credit card defense. If I had an issue he is someone I would recommend. If time is really short, he may be able to recommend someone in the eastern part of the state.

  2. Daniel Anthony DeLiberty

    Pro

    Contributor Level 10

    Answered . As others have mentioned, the statute of limitations in PA on a written contract is generally 4 years from last payment or default. Depending on who the original creditor is and the underlying contract, sometimes it can be just 3 years. A debt defense or consumer lawyer can look at your paperwork and determine if you have a statute of limitations defense. You should also check your credit report to see if the account is listed there and if it has a last payment date listed. You may have other defenses as well. Feel free to call my office for a free phone consultation, as I do some work in the Lancaster region. If it turns out that the lawsuit was filed past the statute of limitations, you may have a claim under the Fair Debt Collections Practices Act.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  3. Malik W. Ahmad

    Contributor Level 14

    Answered . Regardless of the statutory limit, just don't ignore the summons because this would lead to a default judgment and possibly a garnishment after that. Please see a knowledgeable attorney in your jurisdiction. The only way you can challenge is by filing an answer and then stating your legal stand.

    Only see a licensed attorney before you make any decision. This answer may not be perfect in any given situation.... more
One or more answers have been taken down.

Related Topics

Debt collection and debt settlement

If you face debt collection you may choose to fight it and defend against garnishment. You may also seek debt settlement as a way to negotiate with creditors.

Ryan Hardy

Accord and Satisfaction in Arizona

In Arizona, two parties can agree to a lesser amount than what is actually owed. In order for this to occur, there needs to be a clear indicator that a full satisfaction of the debt is... more

Unsecured debt

Unsecured debt, like credit card bills, is not secured by any type of property, so if a payment is missed, then the creditor has nothing to serve as collateral.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,193 answers this week

2,976 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,193 answers this week

2,976 attorneys answering