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How Do I Confirm a Debt is Beyond the Statute of Limitations

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  • 07-04-2014, 02:49 AM
    helix
    How Do I Confirm a Debt is Beyond the Statute of Limitations
    My question involves collection proceedings in the State of: Pennsylvania

    all my credit card debts are very old. I need to confirm that they are in fact beyond the statue of limitations. How can I do this? do I do this with a debt validation letter?
    I don't have old statements from the original creditor to look at for the last date of activity and all these old debts have been removed from my credit file so I don't have any reference to the accounts on there.

    thanks for your help in advance.
  • 07-04-2014, 08:00 AM
    Mr. Knowitall
    Re: How Do I Confirm a Debt is Beyond the Statute of Limitations
    You figure out when the cause of action accrued, which statute of limitations applies, whether or not the limitations period has run and, if so, whether the statute of limitations was tolled and if the tolling results in the statute of limitations being extended to the point that the action may still be filed.
  • 07-04-2014, 08:07 AM
    adjusterjack
    Re: How Do I Confirm a Debt is Beyond the Statute of Limitations
    The PA statute of limitations is 4 years.

    If the debts have already dropped off your credit report then the default date must have been at least 7 years ago.

    If that sounds about right then you don't have to "confirm" anything.

    If you get sued you raise the statute of limitations as an affirmative defense and the creditor would have to prove that it hasn't gone beyond the statute of limitations.
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