Statutes of limitations are laws written to restrict the maximum time after an event that legal proceedings may be initiated. These statutes, which apply to both civil and criminal actions, are designed to prevent fraudulent and stale claims from arising after all evidence has been lost or the facts have become hazy due to the passage of time, defective memory, death, or disappearance of witnesses.
Once the period of time specified in a statute of limitation passes, a lawsuit can no longer be filed. If a debt collector files a lawsuit against you, or even threatens to file a lawsuit against you, after the statute of limitations has ran, then they are likely violating the Fair Debt Collection Practices Act (FDCPA). A violation of the FDCPA entitles the consumer to damages of up to $1,000.00 and the debt collector has to pay the attorney fees and costs! Are debt collectors collecting an old debt from you? Write down all the details and call me immediately to schedule a free consultation so I can explain your rights and options.