QUESTION

Can a debt be collected on a credit card debt that is 14 years old?

Asked on Dec 11th, 2012 on Collections - Louisiana
More details to this question:
Can a collection agency collect on a debt that is 14 years old, the last payment made on the credit card, 10 years ago? Can wages be garnished to collect this debt? The debt does not show up on the consumer's credit report. Does SOL prevent the collection agency from being able to garnish wages and forcefull collect the debt?
Report Abuse

1 ANSWER

The statute of limitations for collections actions in LA is 10 years.  Please see: http://www.nolo.com/legal-encyclopedia/statute-of-limitations-state-laws-chart-29941.html The statute of limitations is a defense to any actions filed after the statute tolls.  Therefore, if the creditor were to try and bring suit after the statute, you may raise the defense.  It, however, does not prevent a collector from trying to obtain payment.  It just means that you cannot have a judgment placed against you. The statute does not apply if the judgment is already rendered, or one of several other exceptions occurs. You may want to speak with a local consumer rights attorney.  There are various federal, local, and state consumer protection statutes that may protect your rights and a local consumer rights attorney will be able to determine which laws apply. Most consumer rights attorneys offer free initial consultations to determine what options are available. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.
Answered on Dec 14th, 2012 at 3:15 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters