Just use the plea of the debt being 'time barred" meaning it is beyond the statute of limitations to seek civil action. If you have any paperwork that shows the last known date of delinquency, bring that with you to prove it is time barred. Also have them provide proof they own the debt, if they are asking far more then what was owed then the following would apply DEMANDING A LARGER PAYMENT THAN IS PERMITTED BY LAW: The FDCPA prohibits debt collectors from misrepresenting the character, amount, or legal status of a debt. The types of complaints that fall in this category include, for example, allegations that a collector is attempting to collect either a debt the consumer does not owe at all or a debt larger than what the consumer actually owes. Section 807(2), 15 U.S.C. § 1692e(2). and please do not believe that answer from the legal expert, that one is way out in left field. Hope this answer is of help to you LEGAL DISCLAIMER: The answer provided here is intended for informational purposes only. It is not intended nor presumed to be legal counsel or professional legal advice
by Sgt Big Red - 19 hours ago
Wow I wish I had the info that Slimick gave you. I am in NJ & was sued by 2 companies & didn't show up. Both for about $1000. I thought since it's been so long it wouldn't matter. Now they are about to garnish my wages.
by slim - 19 hours ago
Big John must be a janitor in a law office, because he certainly isn't practicing law in any way, shape, or form. EVERY state has a SOL on debts. Slimick gave good advice. Yes, in some states the law is not very clear and the collection agencies have been able to argue that credit cards are considered written accounts, but those are rather few and Iowa is not one of them to knowledge.
by Crazyjester9 - 19 hours ago
You're probably being sued over a "zombie debt". These guys think they can buy an old account, figure they'll take you to court, and force you to pay, believing that you don't know when the SOL is... I'd think this is in small claims then, but explain your case proving the SOL is passed. However, if you made a payment on the account prior to now, the account is "re-aged" and you're screwed (as the SOL clock starts all over again!).
by Ryan S - 19 hours ago
There is no such thing as a Statue of Limitations on debt or property. Statue of Limitations is for criminal or injury. You should of paid your responsibility in 2000 sorry. I would get to court and make payment arrangements, don't fight it! If you fight it the judge will look at it as you were stealing from the credit card company. You could find yourself in jail. and missed work, fines will make that 1500 dollar got to over 10k fast.
by john - 19 hours ago
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