If I am being sued by a debt collection agency, can they do so if the statue of limitations has expired?
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If I am being sued by a debt collection agency, can they do so if the statue of limitations has expired?
I got the credit card when I lived in one state and now I live in another. Does that effect which statue of limitations I would go by?
Asked on February 5, 2012 under Bankruptcy Law, Pennsylvania
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the statute of limitations has expired, then the claim is barred and you would assert the statute of limitations as an affirmative defense in your answer to the complaint. The complaint is the lawsuit attached to the summons with which you were served.
A lawsuit can be filed where the plaintiff resides or where the defendant resides or where the claim arose. The credit card company is the plaintiff and you are the defendant. The statute of limitations varies from state to state. The state in which the lawsuit was filed is the state in which the statute of limitations is applicable.
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