Being taken to court to pay a debt for something 10 yrs ago? Does the statute in the state of TN wear out?

To answer your question, you do not have to pay this debt (the time limit was 6 years). (See the top link below for the information you need. The links below that will give you more valuable information.)

http://credit.about.com/od/statuteoflimitations/g/...

"Most courts that have addressed the issue have ruled that the FDCPA does not prohibit debt collectors from trying to collect time-barred debts, as long as they do not sue or threaten to sue you for the debt. If a debt collector sues you to collect a time-barred debt, you can have the suit dismissed by letting the court or judge know the debt is, indeed, time-barred."

http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/al...

And since this debt is not collectable, don't accept it or acknowledge it (if you do, you will have to pay it as the time will start over). Write them a letter immediately and tell them that this alleged debt is time-barred (beyond the Tennessee Statute of Limitations) and no longer collectable...and that you owe them nothing. Don't say anything else and send the letter by registered mail, return receipt requested.

http://credit.about.com/od/debtcollection/a/soflim...

http://credit.about.com/od/statuteoflimitations/St...

You need to know your rights too. You can read more about it here:

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cr...

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cr...

http://www.ftc.gov/bcp/menus/consumer/credit/loans...

http://www.ftc.gov/bcp/menus/consumer/credit/debt....

http://www.ftc.gov/credit

I strongly suggest you start reading the links I have given you.

Good luck!

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Addendum: Richard is right about the statute of limitations starting from the date of the last transaction on the card (ie. payment or useage).

The Statute of Limitations for a credit card debt in TN is six years.

The SoL runs from the last activity on the account. So if you took out a credit card in 1990, ran it up to the max in 1999, and made some payments up until a last payment in april of 2004, the SoL would expire in April 2010.

Richard

According to the link below, it says 6 years. But that time doesn't start until the debt stopped being paid. If you have credit cards with high balances and you pay them over 7 years but were paying them, then it would not be past the statute of limitations. If nothing was paid and they didn't file any complaint for longer than 6 years, file a motion to dismiss based on the statute of limitations.

If the credit card company is taking you to court, that means they filed civil charges against you before the statute of limitations deadline.

Yes, they could garnish your wages, but remember the old saying you can't get blood from a stone. Your best bet is to go to court and explain your situation. You might be able to work something out that won't involve a judgment against you or garnishment of your pay.

Pretty sure its eight years