If I’m being sued by a credit card company, when does the clock start for a time barred claim – when I defaulted or when I stopped paying via a credit counselor?

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If I’m being sued by a credit card company, when does the clock start for a time barred claim – when I defaulted or when I stopped paying via a credit counselor?

I am being sued by a credit card company. I couldn’t afford to make the payments and stopped 3 years ago. I subsequently made a number of additional payments via a debt counseling agency.

Asked on August 22, 2012 under Bankruptcy Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country the statute of limitations for an owed debt begins to run from the time of the last payment on it. In your matter, the last payment that you made to the debt counseling agency on the debt you are writing about would start the statute of limitations running in your matter.


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