If I have a company saying that it is going to sue me for a credit card debt from 14 years ago that was written off 7 years ado, isn’t this debt beyond the statue of limitations?
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If I have a company saying that it is going to sue me for a credit card debt from 14 years ago that was written off 7 years ado, isn’t this debt beyond the statue of limitations?
Asked on June 29, 2015 under Bankruptcy Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The issue is whether there was a court judgment against you and, if so, when it was. You are quite right in that we are long past the statute of limitations for bringing a legal action to enforce the asserted debt. However, the statute of limitations to enforce a judgment is 10 years. If you were sued and lost (even if by default; e.g. by not appearing) less than 10 years ago, that judgment is still enforceable. If the debt is 14 years ago, it is just possible that you were sued within the statutory period for enforcing the debt (4 years); a judgment was rendered a year or so later (with a statute of limitations, the suit just has to be brought within the statutory period--the suit can finish after the SOL); and then there would still be some time to sue to enforce the judgment. It is unlikely that you could still be sued, given how much time has passed, but there is that possibilty, if events fell out as set out above.
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