Being Sued Beyond the Statute of Limitations of Credit Card Debt
People being sued make the mistake of going to court and telling the judge that their account is past the statute of limitations. Do you see what is wrong with saying that?
I’ll tell you why it’s wrong: First of all, do you have any proof to back up that claim? Even if you know for a fact that the debt is beyond the statute of limitations, do you have any proof? The judge will not dismiss your case just because you say so.
It works both ways with the plaintiff. If the plaintiff says that the debt is within the statute of limitations, they must prove that it is. So please make sure you have something to back up your defense. If you don’t, remember, just by you saying that the debt is beyond the statute of limitations, you have totally admitted that the debt is your debt. That is bad and can blow your entire case.
Look through all your old files, call the credit bureaus, get copies of your credit reports, get someone from the credit bureau to sign an affidavit and find the last check you wrote to the original creditor. Back yourself up. Don’t jump the gun and assume that the judge is going to believe you without any proof.
Just as a collection attorney must prove his case with the proper documentation, you, as the defendant, must prove your defense as well.
I am not saying that you will lose, I am saying that you cannot go to a hearing or file a Motion to Dismiss without the proper proof to back it up. Courts don’t just believe it because you say it. You must prove it. That is why it is so easy to win against collection agencies because 99% of them don’t have the documents to prevail.
If you cannot prove the debt is past the statute of limitations, remember to list this in your Affirmative Defenses and try and make the plaintiff prove that it is which they wouldn’t be able to do.