If I defaulted on a credit card more than 10 years ago, can a collection agency still take me to court to collect? How? 13 Answers as of August 19, 2015

If I defaulted on a credit card more than 10 years ago, can a collection agency still take me to court to collect?

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GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Statute of limitations in Colorado is six (6) years. It is calculated from the last payment received. You have a defense to the collection of this debt.
Answer Applies to: Colorado
Replied: 8/19/2015
Ronald K. Nims LLC | Ronald K. Nims
Probably not, the statute of limitations in most states is less than 10 years.
Answer Applies to: Ohio
Replied: 8/19/2015
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Need more details but it appears you may have a defense based on the statute of limitations. Need more facts.
Answer Applies to: Michigan
Replied: 8/18/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
It depends on your state "statute of limitations" statute. These vary by state in California it is 4 years.
Answer Applies to: California
Replied: 8/18/2015
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
Anyone can take you to court. Unless you file a response with the court on the proper form and make the creditor prove its case, it can get a judgment against you. Most people ignore it when they're served with a lawsuit and then the judgment is taken which can be renewed forever. Google "Zombie debt" for information on how collectors pursue old stale debts.
Answer Applies to: California
Replied: 8/18/2015
    Bunch & Brock, Attorneys-at-Law
    Bunch & Brock, Attorneys-at-Law | W. Thomas Bunch II
    Yes, they can sue you, but you need to raise the defense of "statute of limitations" meaning that they have waited too long to sue you. Credit card debt is a tricky thing when it comes to SOL, so I urge you to get a lawyer to defend you as soon as possible.
    Answer Applies to: Kentucky
    Replied: 8/18/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    A creditor can always file a suit. You have the right to submit your defenses to this suit, which ought to include the defense of the Statute of Limitations.
    Answer Applies to: Nevada
    Replied: 8/18/2015
    Law Office of Darin Kanfer | Darin J. Kanfer
    They can try but you should be able to have the case dismissed.
    Answer Applies to: Michigan
    Replied: 8/18/2015
    Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
    In Illinois credit cards have a 5 year statute of limitations. You still must raise the issue in court; do not default. The filing of a time barred lawsuit is an FDCPA violation.
    Answer Applies to: Illinois
    Replied: 8/18/2015
    S. Joseph Schramm | Joseph Schramm
    Assuming the 10 year span is being measured from the time of your default and your credit card agreement is governed by Pennsylvania law, the four year statute of limitations would bar any attempt by a collection agency from from collecting on the debt through a court action.
    Answer Applies to: Pennsylvania
    Replied: 8/18/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    In NY the statute of limitations is 6 years.
    Answer Applies to: New York
    Replied: 8/18/2015
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