Wednesday, February 8, 2012

Will a credit card debt come off in 7 years? What happens if they file a court motion against me?

I have a delinquent credit card on my credit history since 2004. They are threatening to file a motion in court for me to pay it.

What will happen when they file the motion and I don't pay it?

Will it still drop off in a year or will it extend it for another 7 years?Will a credit card debt come off in 7 years? What happens if they file a court motion against me?Derogatory items age off your credit 7-1/2 years from the date of first deficiency. This is per the FCRA and nothing restarts this clock.



The Statute of Limitations (SOL), the timeframe to bring lawsuit, varies from state to state. Typically it starts from the date of last activity or last payment. Check the SOL for your state: http://www.bcsalliance.com/y_debt_sol.ht鈥?/a> A 6 year old credit card debt could be passed the SOL. If so, you can use the SOL as an affirmative defense in court.



But if the creditor does get a judgment against you for the debt, this will be another negative on your credit report. The judgment will show up in the public records section and will remain on your credit report for 7 years or the statutory max for judgments in your state, which ever is longer.



Judgments are good for a long time and can be renewed. If you don't pay, the creditor can use the judgment to garnish wages, attach bank accounts, and lien personal property.Will a credit card debt come off in 7 years? What happens if they file a court motion against me?
Don't confuse the 7-year reporting period (federal law) with the statute of limitations on how long you are legally obligated to pay a delinquent bill (state law).



A delinquent account can only be reported for 7 years from last delinquency unless you start making payments. Then the reporting period starts all over again.



The statute of limitation on how long a creditor can legally collect a debt varies from state to state. It could be as little as 3 years in some states depending on the type of debt.



After the statute of limitation has expired, you no longer have a legal obligation to pay. A collection agency can still attempt to collect banking on your ignorance of the law.



If the statute of limitation in your state has expired on this debt, it is your responsibility to inform the collection agency of that fact. Send them a certified letter stating that you are aware of your rights as a consumer and that you no longer have a legal obligation to pay.



The collection agency can still sue. Use the statute of limitation as an affirmative defense. The lawsuit should be dropped.



Good luckWill a credit card debt come off in 7 years? What happens if they file a court motion against me?The key issue here is when you defaulted and last made payment on the account. There is a statute of limitations on debts...this time period varies for each state and ranges from 3 to 8 years. Most states fall into the 3-6 year range. Once a debt gets past the statute of limitations, collectors can no longer successfully win a judgment against you. They can always try to take you to court, but as long as you showed up in court to state that the debt is time barred, then they'd loose.



You can find the statute of limitations for your state by looking under "open" accounts at the following link:



http://www.creditinfocenter.com/rebuild/鈥?/a>Will a credit card debt come off in 7 years? What happens if they file a court motion against me?
The debt will come off your credit report. That doesn't mean you don't owe the money. They'll take you to court, they'll win, and they'll garnish your wages, attach a lien to property, whatever.Will a credit card debt come off in 7 years? What happens if they file a court motion against me?It depends on what the statute of limitations is in your area. Go for a consultation with a lawyer they can tell you what your rights are in your specific situation.

No comments:

Post a Comment