What to do if I’m being sued for a 6 year old debt?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I’m being sued for a 6 year old debt?
I have a bank that is suing me for a credit card bill that I owed. They are suing me for unpaid bills and with interest it comes up to $1200 after all this years. I got a certified court letter that says that I have 28 days to respond or there will be a judgement against me. The account was joint with my old ex-girlfriend. What can I do? Is this time barred debt since the account has been closed for 6 years?
Asked on October 19, 2011 under Bankruptcy Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You may still be in danger of legal action. It appears that the statute of limitations (or time to bring a lawsuit) for credit card debt in OH is 6 years. That is six years not necessarily from the last charge or from when the account was closed, but six years from when the default--or failure to pay--occured. Assuming that there was some period of time to pay off the remaining balance on the account after it was closed, then the SOL would start running or accruing after that period had expired without payment; thus, it could easily still be the case that the action against you was filed (just) within the statutory period. You should answer the complaint; in your answer, you can raise statute of limitations as one defense, if you believe it has in fact expired; but it may be the case that it has not.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.