Old Credit Card Debt - North Carolina

dventure · #1 07-13-2009, 05:42 PM

My question involves collection proceedings in the State of: NC

Hello, I saw some very old posts with similar information, but I was hoping to get some more up to date advice.

I live in NC and have an old credit card debt with the last payment having been made in June 2005 or possibly before. The account has long been written off by the credit card company and passed through at least three debt collection agencies. Now, one is attempting to sue me for the debt, though it's not clear that they actually own the debt (that's another question).
I understand that the statute of limitations is three years in NC (correct me if wrong, please).
My questions are: has the statute of limitations passed if the last time I made a payment is more than three years ago? Or, as one person told me, does the statute of limitations renew each time one collection agency sells it to another? Or, as yet another person told me, does the statute of limitations renew each time one of those collection agencies sends me a letter?

If someone knows about this and can offer some advice, I would appreciate it. I am in the process of speaking with a lawyer, but I would like to have some idea before I go in.
Thank you for your time.

divemedic · #2 07-13-2009, 06:13 PM

The statute of limitations for NC is indeed 3 years. (§1-52(1))

The statute begins to run when you were supposed to pay but did not. Nothing the creditor does can reset the SOL. The SOL is there to protect you from suits that are so old that you would not be able to find witnesses or documentation to defend yourself. Allowing a creditor to reset the SOL by selling the debt would make the SOL meaningless. Likewise, sending you a letter does not reset the SOL.

By "attempting to sue," do you mean that you have been served, or are you saying that a colelctor has sent you a letter telling you that if you do not pay, they will sue?

dventure · #3 07-13-2009, 07:10 PM

Quoting divemedic

The statute of limitations for NC is indeed 3 years. (§1-52(1))

By "attempting to sue," do you mean that you have been served, or are you saying that a colelctor has sent you a letter telling you that if you do not pay, they will sue?

Thank you for the information.
I have been served with a civil summons.

divemedic · #4 07-13-2009, 08:18 PM

You have an affirmative defense of the SOL.