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

Asked over 2 years ago - 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.

Attorney answers (3)

  1. Robert N Braverman

    Pro

    Contributor Level 10

    2

    Lawyers agree

    Answered . 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

  2. Mher Asatryan

    Contributor Level 11

    3

    Lawyers agree

    1

    Answered . 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... more
  3. Walter C Oney Jr

    Contributor Level 17

    1

    Lawyer agrees

    Answered . 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.

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