Can I get sued on a credit card debt that is 12 years old?

Yes, but they’re not supposed to sue you.  The statute of limitations ran on that debt long ago.

Today, I received an email question as follows:

my wife received 2 garnishment writ at the same time from Capitol one CC one she knows is hers but the other one has her exhusbands old address the credit card is over 12 years old and shes been divorced from him longer than that we need some help
I responded:
As for the first garnishment, I only know of three ways to stop it:
1.  pay it off in full,
2.  get on a payment plan with their attorney, or
3.  file bankruptcy (I’m a bankruptcy attorney, so I lean towards number 3).
As for the second garnishment, the statute of limitations for them to sue on that debt ran about 6 years ago.  The problem is that it would take at least a $1,000 retainer with a litigation attorney to even fight it with a motion to dismiss for statute of limitations.
If you want to talk bankruptcy, give me a call.  I can file quickly and stop this.  If bankruptcy is not a good option for you, then call them and see if there is any kind of payment plan they’ll take.

Officially, the statute of limitations is only 4 years, but I was typing quickly.  The Utah Code section that deals with this is Title 78B Chapter 2 Section 307 which states that:

78B-2-307. Within four years.
An action may be brought within four years:
(1) after the last charge is made or the last payment is received:
(a) upon a contract, obligation, or liability not founded upon an instrument in writing;
(b) on an open store account for any goods, wares, or merchandise; or
(c) on an open account for work, labor or services rendered, or materials furnished;
(2) for a claim for relief or a cause of action under the following sections of Title 25, Chapter 6, Uniform Fraudulent Transfer Act:
(a) Subsection 25-6-5(1)(a), which in specific situations limits the time for action to one year, under Section 25-6-10;
(b) Subsection 25-6-5(1)(b); or
(c) Subsection 25-6-6(1); and
(3) for relief not otherwise provided for by law.

Leave a Reply