the 90's

[Sinamenone]

What is the name of your state? PA

Hi, I recently received a letter about a store credit card that I had back in the early 90's, now the company wants to collect $250. Also, I received a call for my mom from a lawyer's office saying she stopped paying on a Mastercard, also in the 90's. I was told she owes $2933.46 & by tomorrow it will be $2400. They told me a lien would be placed on her home if they don't receive this money, the IRS would be notified & mentioned some other things.
1. I thought there was a 7 yr statute of limitations on things like this. Please correct me if I'm wrong.
2. My mom makes minimum wage & can't afford to pay this card off.
What can we do? Thanks in advance.

[JETX]

Originally Posted by Sinamenone

I thought there was a 7 yr statute of limitations on things like this. Please correct me if I'm wrong.

Your wrong. The Statute of Limitations (SOL) on open accounts in PA is FOUR years from its last activity.

2. My mom makes minimum wage & can't afford to pay this card off.

Not relevant.

What can we do?

Ignore them or send them a 'cease and desist' letter by certified RRR. Then, if they do file a lawsuit against either of you.... file an 'expired SOL' defense answer.

[Sinamenone]

What is a cease and desist letter? How do I write one? Thanks

[Sinamenone]

OK, so I'm confused. If the SOL on open accounts is 4yrs, what is it on closed accounts? My Sears judgment is different though right? I can't do anything about it except call them to settle right? Thanks in advance.

[Zigner]

Originally Posted by Sinamenone

OK, so I'm confused. If the SOL on open accounts is 4yrs, what is it on closed accounts? My Sears judgment is different though right? I can't do anything about it except call them to settle right? Thanks in advance.

"Open" account doesn't refer to the status of the account - it refers to the terms of the account.

And, in your original post, you didn't say it was a "judgement". That can go on for a very very long time - statute of limitations doesn't apply.

[JETX]

Originally Posted by Zigner

And, in your original post, you didn't say it was a "judgement". That can go on for a very very long time - statute of limitations doesn't apply.

Yep. A judgment in Pennsylvania is good for 5 years.... and can be renewed.

[Ladynred]

A cease and desist letter needs only to say the following:

"Do not ever contact me about this alleged debt again". Since the SOL in PA is 4 years all the way around, you can also add ", the debt is time-barred."

You can find example letters at [url]www.creditinfocenter.com[/url] or [url]www.creditboards.com[/url].

Send any letter certified, return receipt requested and keep copies of everything.


They cannot place a lien on ANYTHING without suing and winning a judgment FIRST. Further, in PA, wages cannot be garnished. The IRS doesn't get involved, that's a load of horse manure.