Question Details: I live in St. Louis Missouri. I am being sued by CACV of Colorado LLC who took up the outstanding credit card debt I had with Providan Credit card company. My account is issued out of Tilton NH for Providian. The suit states that I owe xxx from 6/10/03, plus interest. Do they have a case? I thought this passed the statute of limitiations in both NH which is 3 years and MO which is 5 years.
You are correct about the statute of limitations for credit card debt in both states. However, the statute runs from the date of the last activity on the account. Did you make partial payments at any point or at least acknowledge that you in fact owed the debt? If you did so,then the statute would have stared running anew from that date. If not, you may well have a defense to this claim.
Right now you should write (not phone), and tell your creditor that the statute of limitations has passed. If they refute your claim, then ask them to send you documentation proving that the statute has not yet run. For a claim this old there is a good chance that they no longer have this information. (Make sure to keep copies of all of your letters to them). If they still proceed against you in court, make the judge aware of the statute of limitations issue; additionally, bring copies of all correspondence between you and your creditor.
Just remember, it is especially important that you appear in court if you think that the statute of limitations on your debt has expired. If you answer the lawsuit, appear in court, and assert the statute of limitations as a defense, the court will dismiss the case. If you fail to appear in court, the judge will rule against you, and you will end up liable for the judgment amount, even though you could easily have gotten the case dismissed. Unless you can get it cancelled, or "vacated," the creditor will then have 10 years to collect on the judgement.
Additionally, there may be other defenses you can assert in court. I'm providing a link to a site that will explain further; it deals with NYC but most of the information is applicable in any court: http://www.nedap.org/hotline/defenses.html

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