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Can a retail store sue me for an unpaid balance from 10 years ago?

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SDJesse

Junior Member
I have been contacted by a law firm multiple times saying they have tried to process serve me regarding a civil suit filed on behalf of a retail store. They never actually served me (basically they can't find me), but I finally called them back to find out what all the voicemails they left were about. I did have an outstanding credit balance from 2006 with this retail store, but it had been long forgotten. I asked them how a debt from 2006 is being visited now and how it has not passed a statue of limitations or similar time-frame for them to be able to legally pursue action against me since it is now 10 years later, and they claim that since the debt was not charged off until 2013 that they still have this as an option. They have threatened to sue me for the balance, interest, and legal fees, and have threatened wage garnishment and levies against me.
So my questions are:
1. Is it true that they can actually pursue any of this action against me on a debt that is 10 years old?
2. If they can pursue action, is it best for me to accept their settlement offer (just over the original balance) or fight it?
3. They sent me a contract with a payment arrangement offer, but I am hesitant to agree to it at this point because I have no clue if they can actually do this. Should I accept this offer?

Any and all help would be greatly appreciated. Thank you.
 


FlyingRon

Senior Member
You need to tell us what state you are in (and where this took place) to get a proper answer.

I suspect highly that this "lawyer" is really your average collection agency scum. They're clearly not a lawyer given the boneheaded answers they gave you. If they actually said they were attorneys, that is likely illegal under federal law.

If your case is really outside the limitations period, not only can they not sue you (if they did). Chargeoff means absolutely nothing to the statute of limitations. The period runs from the time you breached the contract, i.e., the last time you were required to make a payment and failed to do so. It might be put on hold if you leave the state (again the details depend on the state0.

Threatening to sue a debt that is past limitations period is also illegal.

I suspect that in most states, your best bet would be to tell them you do not wish to communicate with them further. Of course, give that slimey scum suckers you're dealing with, getting them to comply with that law may be difficult as well.
 

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