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Credit Card Debt 5 years old - Can they still sue? MO?

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difehipi
New Member

Credit Card Debt 5 years old - Can they still sue? MO?

I have a credit card debt that has been hanging out there and on my credit report for 5 years now. It is with an attorney, they sent me a letter about 3 years acting as if they were about to sue. I sent them a debt validation letter and did not hear back from them until about a year and half ago.. What they sent me is some stupid thing they typed up themselves w/account number and debt amount. Now still nothing. Account says closed on my credit report for both the creditor and the collection attorney. I assume nothing will happen. However, don't they have to provide the original copy of my signed agreement with the original creditor?


Second thing I want to mention is I did get sued over a debt a year and half ago and it was dismissed w/predjudice. I am currently having this removed off my credit report. Equifax deleted it 1 day after my dispute request.

Can I also dispute this debt that is over 5 years old or will that trigger them to engage with me again. I want this off my report. It's not gonna get paid.

I'm in Missouri.
 
Message 1 of 6
5 REPLIES 5
notfancy
Valued Contributor

Re: Credit Card Debt 5 years old - Can they still sue? MO?

http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml looks like they can sue you, yes. Seems as though the MO SoL is 10 years. (but I could be not understanding the "open ended" part.  The DV they sent you might be valid or all that needs to be sent unless you asked specifically for the original creditor and for itemization of the debt. There is better information  in the Rebuilding your Credit part of the forum, and people much more knowledgeable on the subject. Good luck, and I hope this works out for you!

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Message 2 of 6
Fico2Go
Established Contributor

Re: Credit Card Debt 5 years old - Can they still sue? MO?

I would add that the standard DV letter is often insufficient to prove debt.  Anyone can print out a letter with name, address, and amount owed.  But it does not prove the debt belongs to you.  I would demand that the collection company prove the debt belongs to you and not just your name.

 

 

 

 

 

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Message 3 of 6
gdale6
Moderator Emeritus

Re: Credit Card Debt 5 years old - Can they still sue? MO?


@notfancy wrote:

http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml looks like they can sue you, yes. Seems as though the MO SoL is 10 years. (but I could be not understanding the "open ended" part.  The DV they sent you might be valid or all that needs to be sent unless you asked specifically for the original creditor and for itemization of the debt. There is better information  in the Rebuilding your Credit part of the forum, and people much more knowledgeable on the subject. Good luck, and I hope this works out for you!


Its 10 years if you signed an actual mail in app or signed in the banks office at time it was opened. If any other means of application was used (online, etc) where there is no paper app its 5 years.

Message 4 of 6
munkyBeatz
Member

Re: Credit Card Debt 5 years old - Can they still sue? MO?

When you file a dispute with one of the bureaus, they will contact the creditor, to get them to validate it. Then the creditor will send you a letter, letting you know that they validated the debt and you can get a free copy of their credit report from them if you want. So, since you know your debt is valid, when you file a dispute you are guaranteed at least one contact from the creditor. Whether or not you will start getting more collection items later on, depends on the creditor. I recommend you look at the stickies in the rebuilding credit forum, especcially the DFOD/SOL one, has the info your asking about.




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Message 5 of 6
drkaje
Senior Contributor

Re: Credit Card Debt 5 years old - Can they still sue? MO?

Valid debts can't be disputed off because we aren't going to pay them.


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