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Can a credit card company sue a person after 10 years?
My son got a credit card at 18. It was a 300.00 limit card. He lost his job back then and didn't pay it. Over the years he has paid 1600.00 to take care of it. He is now 29 and they tell him he owes over 1000.00 and if not paid he will have a bench warrant because he missed one court date. Can they still come after him for this old card? They agree that he has paid all of this money on the card, but they say he has to pay interest and late charges.
5 Answers
- Go with the flowLv 710 years agoFavorite Answer
Tell your son to check his credit reports and find out the date he made a last payment to that card.
Credit reports (all 3) are free once a year.
If he clicks on any ad that requires a debit/credit card, tell him to go back.
Annual Credit Report.com https://www.annualcreditreport.com/cra/index.jsp
He should print them out, or save them as a PDF.
Did you know he could negotiate a settlement and be done with this?
Ask here how to do this right.
I've seen people settle for as little as 35% of what they owe.
- Genuine GuidanceLv 710 years ago
They are full of sh***. LOL They could *try* to sue him, but, being this debt is past the SOL, all he would have to do is answer the summons or show up to court and show it is 10 years old. It would be thrown out of court.
Here's the thing : I highly doubt this collection agency that called him is going to sue him. Especially with the illegal tactics they used by saying they were going to have a bench warrant for him which basically is threatening him with an arrest. People do NOT get arrested for defaulting on loans or credit cards! LOL It is a civil matter and this collection agency knows it. They sound like they are a sewer debt collector and think that if they scare people who are not informed into paying for something they do not owe. Even IF your son had not paid off the credit card, he wouldn't have to pay that money now.
Next time these losers call, tell your son to inform them they are being recorded. Bet they hang up on him and never call back. LOL They know what they are doing is illegal.
- Anonymous10 years ago
Some debt collectors, and even credit card companies, will try to bully you into making a payment by threatening to garnish your wages.
Can they actually follow through on that threat? Yes, but not until they sue you, win, and have a judge decide to garnish your wages as the method of payment
If you are served with legal documents about a lawsuit, it's in your best interests to contact an attorney. Don't ignore the lawsuit; that will only hurt you
When you don't show up to court, the plaintiff (whoever filed the lawsuit) can have a default judgment entered in his favor.
This means you automatically owe whatever the creditor sued you for and the court decides how to get the money from you, e.g. wage garnishment.
- Steve DLv 710 years ago
If he missed a court date, a bench warrant can be issued (this is contempt of court) - as for the balance on the card, it depends on when the bell tolled on the statute of limitations - usually ten years would be beyond the statute of limitations, but the statute does not run from when he got the card, but rather possible last activity on the card - it is possible that each time he made a payment, he "re-tolled" the bell (restarted the Statute of Limitations) in which case, yes, he can be sued.
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