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Can I be sued for an 8 year old credit card?

Can I be sued for an 8 year old credit card? Topic: Case state fee payment
April 19, 2019 / By Lysander
Question: I recently got a phone call stating that I would be sued for a Bank of America credit card that I had 8 years ago. On my credit report it shows as being "charged off". The person I spoke with said that I would be receiving a summons to appear in court if I did not pay them the amount they are requesting. I got this card when I was 18 and my credit limit was $1,000. Now they are trying to say if it goes to court I will have to pay 9k because of attorney fees, or I can just settle with them for $3,500. I do not have that kind of money right now and I am wondering if this is even legal. She said they have been mailing me letters and they sent a certified letter but it was to my old address where I lived 2 years ago so I never received anything. I am wondering if when they do send the letter if I refuse to sign what will happen, also if I take my chance in court will I be able to just pay them original amount in payments? They have threatened to garnish my wages, I have student loans I am paying now and I just can't afford it. I am clueless about this situation and don't even know where to begin or what to do. I live in Missouri and didn't know if there was some kind of Statue of Limitations or something. If anyone has any advice on how to prolong this or how I get it to go away I would appreciate it. Also- would it be best to get in touch with an attorney to help with this matter? Thanks.
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Best Answers: Can I be sued for an 8 year old credit card?

Jeffry Jeffry | 5 days ago
If you have not made any payments on this debt in 5 years, then it is time barred and does not have to be paid back. The statute of limitations is 5 years for Missouri. These debt collectors know this, and that's why they are trying to scare you with illegal threats. Debt collectors have zero power on their own to garnish wages. http://www.creditinfocenter.com/rebuild/... Technically, a debt collector can come after you forever for defaulted debt...however, once the statute of limitations is up, which it has in your case...they've lost the power to successfully take legal action. Per the Fair Debt Collection Practices Act, you can send them a "cease communications" letter and that will be all that you need to do. Per this law they must cease collection activity. Send the collection agency a letter via Certified Mail + Return Receipt (NOT regular mail) stating: Per the Fair Debt Collection Practices Act, cease all communications with me about this alleged debt. This letter has been mailed via Certified Mail with Return Receipt. Receipt of this letter is being officially time stamped. ------------------ To speed things up, fax this same letter to the collection agency. Free fax service at: http://www.myfax.com/free/ If the debt collector calls back, tell them that you have officially sent a certified letter to them to cease communications with you per the Fair Debt Collection Practices Act, then hang up. Don't engage them in any conversion and don't let them scare/bully you with bogus/illegal threats. . If the phone harassment continues....next time they call, read the following statement: Be advised that this call is being recorded. If you do not consent to being recorded, you need to terminate this call. Continuation of this phone call after officially being informed that it is being recorded implies consent to be recorded. This recording will be used to pursue Fair Debt Collection Practices Act violations in a court of law. ================ Technically, they can still try to take you to court in spite of the age, but if you showed up and stated that the debt is past the statute of limitations for MO, then they would loose.
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Jeffry Originally Answered: Can I be sued for an 8 year old credit card?
If you have not made any payments on this debt in 5 years, then it is time barred and does not have to be paid back. The statute of limitations is 5 years for Missouri. These debt collectors know this, and that's why they are trying to scare you with illegal threats. Debt collectors have zero power on their own to garnish wages. http://www.creditinfocenter.com/rebuild/... Technically, a debt collector can come after you forever for defaulted debt...however, once the statute of limitations is up, which it has in your case...they've lost the power to successfully take legal action. Per the Fair Debt Collection Practices Act, you can send them a "cease communications" letter and that will be all that you need to do. Per this law they must cease collection activity. Send the collection agency a letter via Certified Mail + Return Receipt (NOT regular mail) stating: Per the Fair Debt Collection Practices Act, cease all communications with me about this alleged debt. This letter has been mailed via Certified Mail with Return Receipt. Receipt of this letter is being officially time stamped. ------------------ To speed things up, fax this same letter to the collection agency. Free fax service at: http://www.myfax.com/free/ If the debt collector calls back, tell them that you have officially sent a certified letter to them to cease communications with you per the Fair Debt Collection Practices Act, then hang up. Don't engage them in any conversion and don't let them scare/bully you with bogus/illegal threats. . If the phone harassment continues....next time they call, read the following statement: Be advised that this call is being recorded. If you do not consent to being recorded, you need to terminate this call. Continuation of this phone call after officially being informed that it is being recorded implies consent to be recorded. This recording will be used to pursue Fair Debt Collection Practices Act violations in a court of law. ================ Technically, they can still try to take you to court in spite of the age, but if you showed up and stated that the debt is past the statute of limitations for MO, then they would loose.

Garrett Garrett
It looks like the statute of limitations for credit card debt in Missouri is 5 years. But did you incur the debt in Missouri, because if you were in a different state at the time, the SOL may be different and/or may not have expired yet (some states put the expiration clock on hold if you leave the state). When did you last make any payments to the account? If you do not show up in court, they will automatically get a default judgment, whether the SOL applies or not. If the SOL applies, you have to bring that up as a defense.
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Deven Deven
Hi! First thing is first, who is calling? Bank of America? Collection Agency? Debt buyer? Knowing who is calling is going to help you what action(s) you can take. Second, when did the card become past due? Was it 8 years ago? Or was that when you got the card? You have to start with the date of first delinquency when you first went delinquent NOT when you first opened the account up. Per this website, MO statute of limitations in MO is 5 years for open accounts. http://www.creditinfocenter.com/rebuild/... If the debt is really over 8 years delinquent, then you need to send them a letter to say not to contact you further because the debt is beyond the statute of limitations, and that they can no longer sue in court. Yes the CAN take you to court (it does happen), that's why you have to go to court and present your case. Moreover, you can get them for violations on FDCPA because they are falsely trying to misrepresent the debt (they said they are going to sue you but if it's out of SOL then they're not supposed to.) And sign for ALL letters and respond to their court papers, otherwise they could get a default judgment. You can hire an attorney if you want, but if you have some persistence you can do it all yourself.
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Bernard Bernard
This is a illegal call from a collection agency I would seriously , Tell them the next time They call that what they are doing is illegal Or when they call ask them if its okay that you record their conversation If they agree than get a tape message with them agreeing to be recorded Than tell them when they are done your taking the tape to file charges against them for illegal terms of contact They are not allowed to threaten to sue you
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Bernard Originally Answered: I never had a credit card at 24. what is a good credit card for me?
See if you can get a secured card through your bank or Credit Union. You are most likely better off with a Credit Union, they usually charge lower fees and pay higher interest rates. Many credit unions have expanded their membership requirements, so even if it says "teachers" credit union they might still take members if you just live in a certain area. Ask them a bunch of questions about fees and how to cancel the card. Each bank and credit union will have different policies - call around and ask!

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