Debt Collection, Garnishment, Repossession

questions & answers

Question: I acquired a credit card in 2001 and never made a payment on the debt. A judgment was filed in Ohio. I moved to AZ and the collector filed a foreign judgment Jan 31, 2008 and filed an Affidavit for Renewal February 26, 2013. from what I have read, the statute of limitations is 5 years, since they recorded the renewal 1 month after the expiration, is this debt enforceable?

Answer: Time-Barred Debts If you have old debts, collectors may not be able to sue you to collect on them. That's because debt collectors have a limited number of years — known as the statute of limitations — to sue you to collect. After that, your unpaid debts are considered "time-barred." According to the law, a debt collector cannot sue you for not paying a debt that's time-barred. This gets tricky for consumers because the statute of limitations varies from state to state and for different kinds of debts. It is also tricky because, under certain circumstances, the clock can be reset, and the time period can be started fresh. That's why the Federal Trade Commission (FTC), the nation's consumer protection agency, says it's important to understand your rights if a debt collector contacts you about an old debt. Under the federal Fair Debt Collection Practices Act (FDCPA), a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy unpaid debts and then try to collect them. The term 'debt collector' doesn't include original creditors who collect their own debts. Consulting an attorney will answer the questions or referring to the information at www.consumer.ftc.gov/articles/0117-time-barred

QUESTIONS

  • I acquired a credit card in 2001 and never made a payment on the debt. A judgment was filed in Ohio. I moved to AZ and the collector filed a foreign judgment Jan 31, 2008 and filed an Affidavit for Renewal February 26, 2013. from what I have read, the statute of limitations is 5 years, since they recorded the renewal 1 month after the expiration, is this debt enforceable?

STORIES

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  • State Bar of Arizona
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    Referral number 602-257-4434
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