Justin Baxter was quoted in a CNN Money article with Gerri Willis, CNN's personal finance editor, on how to dispute debts to debt collectors. Baxter noted that many debts were subject to a three to six year statute of limitations, after which time, creditors could no longer sue a debtor.
Baxter & Baxter, LLP, represents consumers who have been sued for debts that they do not owe. If you have been served with a complaint and summons, time is of the essence. Strict time limits apply to file a formal appearance with the court that you have been sued in. The appearance must be in the proper form, must contain certain required statements, and the applicable fees must be paid at the time of filing. Failure to do any of these things can result in a judgment being entered against the defendant.
Consumers often learn of a judgment entered against them that they were unaware of because they moved, or because they were not served with papers. It is more difficult to set aside a judgment when it has been entered. However, where the facts of a particular case permit a judgment debtor to vacate a judgment, and prevail on the underlying case, Baxter & Baxter, LLP will represent consumers in such cases.
Finally, in a small proportion of cases, the lawsuit has been filed outside of the applicable statute of limitations. If a case has been filed more than six years after the last payment, it is possible to avoid a judgment. Additionally, for particular credit cards, it is possible that a shorter statute of limitations applies. For example, if you are sued on behalf of Capital One, which chooses Virginia’s law in its cardholder agreement, the statute of limitations may be as little as three years.
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