QUESTION

can a credit card leasing company sue you 10 yrs after default?

Asked on Apr 07th, 2014 on Breach of Contract - Pennsylvania
More details to this question:
My husband defaulted on an account with a credit card leasing company back in 1989 . We live in Pennsylvania and the company is suing him in the state of New York. The company is claiming that they can pursue payment for 20 yrs, is that correct? The total dollars are approximately $2200 to $2600.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
If they have only a claim, which has not yet been reduced to judgment, the company probably can't pursue him for 20  years.  Without knowing more about the facts of the case, I can't know what state's law would apply, but the statute of limitations on breach of contract is six years from the breach in New York and four years, I believe, in Pennsylvania.  Sometimes a statute of limitations can be extended, but there is nothing in your email which suggests that this one would be in this case. If, however, the company obtained a judgment previously, it has 20 years in New York (not sure of the limitations period in Pennsylvania) to collect on that judgment.  Thus, if the company sued your husband previously and obtained a judgment, it can probably still seek to collect on it.  Even if the judgment was entered on default, that is that your husband did not appear to contest it, it would still be valid unless your husband can show that the Court which entered the judgment did not have jurisdiction over him, either because he was not properly served with the summons and complaint in the lawsuit or because he had no contacts with that state and so could not be sued there.
Answered on Apr 08th, 2014 at 1:08 PM

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