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What to do if you are sued on a time bared debt?

Paterson, NJ |

I am getting sued on a time bared debt. How do I prove that the debt is time bared in court? its a credit card debt.

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Attorney answers 3

Posted

If it's someone other than the original creditor suing you, the lawsuit itself violates the Fair Debt Collection Practices Act under the Kimber case. Use the attorney finder at www.naca.net to find a nearby consumer attorney who handles FDCPA cases for help in setting up the violation properly so that you can turn the tables on the debt collector. That consultation will also be worthwhile even if the original creditor is the plaintiff, because your state may have favorable laws or regulations.

The lawyer you talk to can also help with the evidentiary question you're asking. Without legal help, however, you're likely to founder on court procedures that you don't understand and lose your case.

Asker

Posted

what do you mean only the original creditor can sue? If you sell the debt to someone else, they can't sue?

Walter C Oney Jr

Walter C Oney Jr

Posted

I didn't say anything remotely like that. If English is not your first language, you will DEFINITELY need a lawyer to defend you.

Asker

Posted

"If it's someone other than the original creditor suing you, the lawsuit itself violates the Fair Debt Collection Practices Act" The collection agency is the one that usually sues not the original creditor, so I don't know what you mean by "If it's someone other than the original creditor suing you, the lawsuit itself violates the Fair Debt Collection Practices Act"

Daniel C Hoffman

Daniel C Hoffman

Posted

Please give me the site on the Kimber case referred to in your answer I would like to research the issue further

Posted

Determining whether a debt is time barred depends on the Statute of Limitations. This is a law that controls how much time you have to file a lawsuit or collection. In New Jersey, the Statute of Limitations for written contracts (which includes credit card debts) is 6 years per N.J. Stat. Ann. § 2a:14-1 et seq. This 6 year period begins to run from the date of non-payment, also known as the default date. Thus, if the lawsuit was filed at least 6 years after the date you stopped paying your credit card, then it should be time barred. However, there are some exceptions. For example, if you made any payments during the 6 year period, the Statute of Limitations period may restart because the payment may cancel the default.

DISCLAIMER The answer given above serves for educational purposes only and is meant to provide general information for a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone with case-specific legal advice. Further take notice that any information on this site should not be used as a substitute for case-specific legal advice. Readers should also be aware that laws and their applications frequently change. As such, any information provided on this site is general in nature and may not apply to specific factual and legal situations. Contact a professional, competent attorney licensed to practice law in your jurisdiction to receive case-specific legal advice before making any important decisions regarding your legal issue.

Asker

Posted

how do I show proof that the debt is time barred?

Mher Asatryan

Mher Asatryan

Posted

If in fact your debt is time-barred per the Statute of Limitations, you must tell the court in your answer to the creditor's complaint that the creditor filed the complaint 6 years after you stopped making payments and thus the Statute of Limitations has expired. You must make sure to do this in your answer; otherwise, you may lose your right to make this argument. You should speak with an attorney licensed in your state to make sure you don't lose any of your rights.

Asker

Posted

Do I have to send proof with my answer that the debt is time barred? Its been a log time and I have no proof, but i know its been more than 6 years.

Walter C Oney Jr

Walter C Oney Jr

Posted

Sometimes, the relevant SOL is given by the law of a different state than where the lawsuit occurs, and some states apply a different version of the part-payment rule. For example, if Capital One were suing you, their contract would say that Virginia law applies. Virginia doesn't honor the part-payment doctrine at all. These complications are why I said you need a lawyer's help. Do not expect an Internet lawyer to be able to answer specific procedural questions about how you should defend a collection suit in your particular court.

Posted

Keep in mind that the defense that a claim is barred by the statute of limitations is an affirmative defense meaning you must assert it in your answer to the complaint. You should not ignore the complaint or they may get a judgment against you

Asker

Posted

how do I show proof that the debt is time barred?

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