If the last time a credit card payment was made was 5 years ago & the credit card company sends debt to collection agency, Can they sue in court 2 get judgment since it's over the time limit? No promises 2 pay. Asked 2 reduce minimum amount due monthly due to husband's heart attack/heart surgery/loss of job/no income & they refused. Wanted to pay my debt & be responsible but if I didn't pay the minimum I got hit with late fees & higher interest. Figured I tried to do the right thing and pay it off slower but they said no way. Therefore, I stopped making payments and instead focused on paying off debts that would work with me. Late fees, interest & higher penalty interest has tripled the original debt. If they send me litigation paperwork, do I ignore it or respond saying they are too late?
DUI / DWI Attorney
When the creditor has filed suit after the statute of limitations has run, the defense is raised as a "New Matter" as part of an Answer and New Matter.
You must file your Answer and New Matter within 20 days after receipt of the Complaint. Consult with an attorney who can review the Complaint and file the appropriate Answer and New Matter raising all available defenses.
Yes, hiring an attorney costs money. However, hiring an attorney is a good investment considering the alternative of having a judgment against you or trying to batte the creditor's attorney without full knowledge of the rules of civil procedure.
In addition to what the other attorney has stated it is also a violation of the Fair Debt Collection Practices Act (FDCPA) to be sued on a debt that is past the limitations. So you might have a claim against the company that is suing you and their attorney.
Hire an attorney.
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