can a credit card company take me to court, even thou it has been 9 years that i havent paid.?

Question

and if they do take me to court... what will they do to me if i dont have money?

i really dont have any accets

state. tx.

Answer 1

I don't think there is a state that has a collecting SOL that is 9 years or longer. You didn't mention a state so I cannot tell you for sure if your state has a shorter SOL or give you definate SOL statutes

They may "try" to take you to court. But if it has been 9 years or longer since you defaulted on the credit card, filing suit on you would be a violation (depending on your states SOL)
You would be able to use an affirmative defense of SOL in with your answer then file a counterclaim against them for filing on a time barred debt.

If it's been 9 years I doubt it's still with the credit card company. You might send the collector a debt validation letter. Then after they respond, or 30 days have passed, and you are positive you are out of the collecting SOL, send them a SOL letter informing them the account is no longer legally collectible and to take a hike.

If it has been 9 years or longer, it should "not" be reporting on your credit reports. If it is, they have illegally re-aged it. If they refuse to remove it you have a legal right to sue them for that violation.

You might click on my profile and do some reading in the links I've provided to the FDCPA, etc.
Also click on the last link I have listed. It is a totally free credit discussion board where you will be able to find free sample validation and SOL letter templates.

edit++++++

If you live in Tx. and it's been longer than 4 years since you defaulted, then you are past the collecting SOL

§ 16.004. Four-Year Limitations Period
(a) A person must bring suit on the following actions not later than four years after the day the cause of action accrues:
(3) debt;
(5) breach of fiduciary duty


Cause of action means the SOL starts to run from your "last" payment or charge on the account "before" the account is charged off.

In Texas, if a payment is made "after" the account is charged off it will "not" reset the collecting SOL unless a person makes a written contract to pay (§ 16.065)

If you are positive that it has been that long since you defaulted, you might think about sending the collector a SOL letter informing them the account is past the collecting SOL and no longer legally collectible (the collector would have to be a complete idiot to go ahead and file suit after receiving a valid SOL letter)

Like I mentioned above, collectors do often file suit on time barred debts. They usually do that since the majority of people fail to respond to the summons, which gives the collector an automatic win.

If the collector files suit on you for the time barred debt, you have a legal right to include an affirmative defense of SOL in with your answer PLUS you can file counterclaims on them for filing on a time barred debt (which I had mentioned above) I wanted to include that Texas also has their own version of the FDCPA. If the collector violates by filing suit you would also have them not only on fed. FDCPA violations but also on state violations. (they could owe "you" quite a lot if they file suit)

Answer 2

Ignore the spammers above that are plugging personal sites (their comments will be deleted) The judge and credit agency are unlikely to forgive the debt unless it should turn up that your bills are the result of extreme medical expenses or similar hardship (and even that would require bankruptcy). Credit bills over the last 4 years that show predominately lifestyle or leasire items (drinks at bars, fashionable clothing and so on) will not help your case. 3 things I would do: First: Get the help of a licensed psychologist or physician, if you are not already seeing one. Pleading mental distress with a "self diagnosis" will ony hurt you, as you have no credible facts to back up your condition other than your own words. Second: If you are intent on fighting this, get a lawyer. Most will offer some level of consultation on what your options might be, but will not provide significant representation. After talking it over, decide whether it's worth it or not. Third: If you don't want to fight it - Call the company. Try to work something out; They might be able to recommend some consultation on how payments can be arranged that satisfy you and them. If you're a person of good character, the prospects of jail time are minimal. Most likely, you're credit will be ruined for the next few years and you will be put on a debt restructuring plan. As for your car, bankruptcy laws (if you can succesfully match the requirements) will allow you some relieft to protect posessions (such as your car). But don't take my word for it - Talk to a real lawyer. Just be honest, don't lie...If you do, you'll only make the situation worse.

Answer 3

Not but if they do you need to show up in court to point out the statute of limitations (vary by state).
You can call your state's Attorney General's office and they can help with the statute of limitations in your state and guide you on what to do here.
After the statute of limitations, they really don't have a right to be collecting on the debt any more.
I suspect that your account was sold to dirty collectors who buy old debt and try collecting off of those. Maybe not the case but usually that's what happens in your situation. Any reputable company quits at the sol. So don't talk to the collector or send any payment until you call your Attorney General's office for guidance.
....
Texas is 4 years.
They generally cannot sue you after 4 years after "they declare you in default".
I put the link to your AG office.

Answer 4

Credit card companies usually don't hang on to uncollectable accounts that long. And, if the debt is below about 5,000, they usually won't try to sue you for it anyway. Plus, if you have no assets it is a triple waste of their time. However, they could attach your wages if they are serious about collecting what you owe.

My guess is that it is not even the original debtor who is trying to collect on the money. And, if you have not been served with an official court summons, you could ignore the debt unless you had sufficient resources to cover it. Chances are a third party collection agency is trying to scare you into paying.

Answer 5

In California where I am, the statute of limitations for filing suit on a debt is four years from when it was incurred. The creditor can leave it on your credit report for many years after that even if it doesn't sue.

Answer 6

Yes, they can.

You still owe the debt. They can take you to court after 20 years.

The 7 year thing is only for your credit report.... but then there are judgments, which can be renewed forever in most states.

Answer 7

yes - unless you filed bankruptcy.

try to avoid going to court - you will incur more fees than you want.

negotiate a plan and keep communication with creditor to avoid further blemishing your credit.

work with them so they don't work against you.

ask for forebearance - see if you can negotiate to pay off without interest.

be careful and good luck

Answer 8

Listen to Echo, she's correct.

Answer 9

Lol. "Time heals all wounds."


Except debt.

Answer 10

yes & you will have to pay for their legal fees