Friday, January 14, 2005

Statute of limitations

Regarding the statute of limitations on a debt, CREDITWRENCH has stated:
"Your credit card debt never expires. The statute of limitations expires which means that it is no longer possible to file a judgement against you on the debt".


Although the statute of limitations on a debt may have passed, it does not preclude a creditor from filing suit and obtaining a judgment against you. If you do not appear in court, they will obtain a default judgment against you. Even if you do appear in court, you must raise the defense of the debt being time barred, otherwise they can also obtain a judgment against you.

CREDITWRENCH stating that it is not possible to obtain a judgment on a debt that is past the statute of limitations is false and misleading.






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