In a small claims court, can I be sued for a credit card debt, if the Statue of Limitations has expired? 9 Answers as of February 24, 2014

The statue started July 6, 2009.

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SmithMarco, P.C.
SmithMarco, P.C. | Larry P. Smith
The SOL is a defense to the case. They can file the suit, but you make your motion to dismiss and it should be dismissed.
Answer Applies to: Illinois
Replied: 2/24/2014
Morelos Law Firm
Morelos Law Firm | Andrea Morelos
We would need to have a little more information and documentation to verify to be sure, but generally speaking the statute of limitations is 3 years from the actual default so yes if it is expired, then the creditor is out of luck. However, the 3 years can start over at any time you make even a partial payment and other certain communications you may have had with them at some point. Also, you are saying that the 3 years started on 7/6/09 but we would need to know more of why you think that is the correct date, assuming you are a non-lawyer. You should consult with an attorney to review your information and documentation reviewed. If you have already been sued, act quick because there are deadlines and responses you need to address.
Answer Applies to: North Carolina
Replied: 2/24/2014
Law Office of Barry R. Levine | Barry R. Levine, Esq.
Yes. The statute of limitations barring the claim is something you assert as your defense. This is what courts are for...to determine controversies
Answer Applies to: Massachusetts
Replied: 2/20/2014
Kirby G. Moss PC | Kirby G. Moss
Statute for that is 6 years.
Answer Applies to: Indiana
Replied: 2/20/2014
Patrick W. Currin, Attorney at Law | Patrick Currin
You can be sued, but the SOL is an affirmative defense. The creditor may claim that you re-tolled the statute by making a payment or promising to make a payment after this date.
Answer Applies to: California
Replied: 2/20/2014
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