What is the statute of limitations on a credit card debt?
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What is the statute of limitations on a credit card debt?
When I got the card I was 18 years old; I am now 30 years old. I went to court in 2009 and they passed a judgement to have my check garnished. Can I still do something?
Asked on September 2, 2010 under Bankruptcy Law, Alabama
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The issue is NOT when you got the card; it's when you defaulted on payment. E.g. you could be 100 years old with a card first issued in 1940, but if you defaulted on payments in 2010, that's the date that matters.
You should consult with an attorney, who can evaluate your situation and let you know what recourse you might have. As a general matter, the statute of limitations (or time to sue) in Alabama on credit card debt appears to be 3 years, so if you defaulted (e.g. stopped paying) within 3 years of when you were sued, that would be within the statute. But again, you need to discuss all the specifics of your situation with an attorney to understand how the law applies to you and your case.
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