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  1. #1
    Join Date
    Sep 2016
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    Default Can a Debt Lawsuit Be Filed After the Statute of Limitations

    A person was contacted by a debt collector about a debt. The person pointed out that the statute of limitations had run on the debt. The debt collector said that it didn't matter, and that a lawsuit can be filed even if the statute of limitations has run. Is that correct?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Can a Debt Lawsuit Be Filed After the Statute of Limitations

    I a technical sense, yes -- the statute of limitations is an affirmative defense that you raise after you are sued, so it is possible to file a lawsuit on an expired debt and even to get a judgment if the defendant waives the statute of limitations defense.

    That said, it's an unfair debt collection practice to suggest that you are going to file a lawsuit on a debt that is no longer valid due to the running of the statute of limitations.

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