How to Prove a Statute of Limitations Has Expired on a Credit Card
According to the Fair Debt Collection Practices Act, debt is no longer collectible in court after the statute of limitations expires. If a credit card issuer is threatening to file a lawsuit in a state court to collect an expired debt, you can prove the statute of limitations has run out and have the court dismiss the case. The credit card issuer can continue trying to collect the debt outside of court, but you have no obligation to pay.
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Instructions
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Calculate when the statute of limitations expires. The clock starts ticking on an open account when the last payment is received and expires on this date after the required number of years has passed. The website BCS Alliance offers a free index of statutes of limitations laws on debt collections (see Resources).
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Contact the credit card issuer and request a record of your payment history. If you have access to online or hard copy billing statements and bank receipts, track your payment history accordingly.
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Order a free copy of your annual credit reports through AnnualCreditReport.com. Provide your legal name, Social Security number and date of birth to receive your free reports.
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Go to the "revolving accounts" section of the report and find the date of the last payment received on the account.
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Answer the debt collection lawsuit if you are being sued or provide the credit card issuer with written notification that the debt is expired and no longer eligible for collection under the Fair Debt Collection Practices Act.
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