Credit Card Statute of Limitations
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This is the big question. It's usually the first question that I get asked when I speak to a new potential client regarding a Credit Card Lawsuit case. What is the Statute of Limitations on Credit Card Debt in Pennsylvania?
The answer is four (4) years. The next question is "When does the four years start?" It starts from the date of the last payment on the account.
In real life, though, what does this mean? Many people ask if this Statute of Limitations prevents the Credit Card companies or Collection Agencies from filing lawsuits. The answer is NO! They can still file the lawsuit against you, it's up to you to properly defend it.
A Statute of Limitations defense is a very strong defense. If you can show that the last payment on the account was more than 4 years ago, then you have an excellent chance at prevailing on a Credit Card or Collection Agency case.
The great thing about the Statute of Limitations defense is that it is pretty easy to prove. Between the credit card or collection agency records (if they have them) and your bank statements, a Statute of Limitations defense can be pretty easily proven. The unfortunate aspect of this defense is that it typically gets presented at the trial, meaning that you or your attorney have to make a court appearance to enter this defense.
If you have
a credit card company or a collection agency attempting to collect a debt from you,
or, if you have a specific Statute of Limitations question, please
contact my office at 412-823-8003 or send an email to
Attorney Greg Artim
