Being sued on a credit card debt from 6 years ago
Got served with a summons. Credit card debt I haven't paid since 2019. Old debt — is this even legal?
Please readThis is a community space for sharing personal experience — it is not legal advice, and posts here are not from Lawma or your attorney. We strongly encourage you to post under an anonymous handle, keep questions general, and avoid posting private details of your active case. For advice about your own situation, message your attorney.
Got served with a summons. Credit card debt I haven't paid since 2019. Old debt — is this even legal?
✓ Verified answer from a licensed attorney — shown first
First — DO NOT IGNORE THIS. The single most damaging mistake people make on debt-collection suits is failing to answer and getting a default judgment, which then becomes a wage garnishment. Two things to check: (1) Statute of limitations — credit card debt is 4 years in CA, 6 years in NY, varies elsewhere, measured from last activity. If the suit is past SOL, you have a complete defense, BUT you have to RAISE IT by filing an answer. It's not automatic. (2) Standing — the plaintiff (often a debt-buyer like LVNV or Midland) has to prove they own the debt with admissible documentation. Many can't. Filing a written answer (general denial) and asking for proof of standing is often enough to make the case go away. Self-help legal aid has answer-form clinics in most counties.
Around the case
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Please readThis is a community space for sharing personal experience — it is not legal advice, and posts here are not from Lawma or your attorney. We strongly encourage you to post under an anonymous handle, keep questions general, and avoid posting private details of your active case. For advice about your own situation, message your attorney.