What to do if credit card company files suit AFTER the 4 year limitation in PA

Asked almost 4 years ago - Kingston, PA

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?

Attorney answers (2)

  1. Forest Dean Morgan

    Contributor Level 17

    Answered . 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.

  2. Daniel Joseph Ciment

    Pro

    Contributor Level 11

    Answered . 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.

    -Daniel


    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.

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

Get free answers from experienced attorneys.

 

Ask now

27,321 answers this week

2,834 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

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

27,321 answers this week

2,834 attorneys answering