What can I do about a credit card debt that I was not previously informed of?

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What can I do about a credit card debt that I was not previously informed of?

I received notice from sheriff for court and was told I had outstanding debt on a credit card I do not remember having. I have lived at same address for 36 years but isn’t the address on debt..has my SSN though. I have asked for proof of debt. If this turns out to be valid claim should I have to pay 10 years of interest and penalties? I did not change my move, I always pay my bills, how was it they found me for court but could not find me in 10 years to send bill? What can I do?

Asked on September 12, 2011 under Bankruptcy Law, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

From what you have written it seems as though you are unsure that you owe this claimed debt or not. From what you have written it is unclear as to whether or not you were recently served with a summons and complaint concerning a lawsuit for money owed or not.

If you were just served with a lawsuit and the claim is for a bill more than ten (10) years old, there is a very good chance that the lawsuit may be barred by the applicable statute of limitations for breach of contract or common counts in your state.

I suggest that you carefully read the paperwork that you recently received from the sheriff regarding an alleged outstanding debt from this credit card company and then consult with an attorney about how to respond to the situation.

Good luck.


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