Ask The Get Out of Debt Experts Regulation / Legislation

I Got Sued Over An Old Debt and Lost on My Statute of Limitations Argument

Written by Steve Rhode


Dear Steve,

I live in Ct. I opened a credit card account here. I had a medical emergency and defaulted on the loan. The last payment received was on 10/05/11. The loan was charged off by the Banking Entity Headquartered in Delaware and purchased on by a Debt Buyer/collection agency headquartered in NY. The Bill of Sale (attached) states that the seller and buyer are bound by the laws of the state of Delaware. Delaware statute of limitations on debt collection is 3 years. The Collector did not attempt to collect the Debt until 05-31-16, 4.5 years after the last payment was made. They filed a “Complaint” for Breach of Contract in Court on 05/31/16. Although I did answer the Complaint and did fight the case in court, they won the case.

I am currently appealing the decision in Appellate Court.

New York Courts have upheld the 3 yr. Delaware statute even though NY has a 6 yr. statute of limitations they recognized Delaware’s statute and the Bill of Sale of the Portfolio.

A second issue is the fact that the Bill of Sale only refers in the most general terms to a portfolio of charged of debts and does not specifically state the specific debt in question.

All of these points and more were brought up in court yet the judge choose to not accept the arguments.



Dear Robert,

I don’t even need to look for my shocked face for the lack of a positive opinion by the judge. I’ve seen this same thing happen over and over.

I am absolutely not a lawyer. You should seek the advice of a competent attorney who is licensed in Connecticut. One place to look for a debt collection attorney who can represent consumers is using this link.

Just because a court does not rule in your favor it does not mean your points aren’t valid. Courts do crazy things at times.

READ  Can Claim Be Dismissed Because of Expiration of Statute of Limitations? - Christopher

It appears you raised a good case regarding the Statute of Limitations and I have no idea why the court didn’t rule in your favor.

Get professional help and win this.

Choice1 Choice2 Choice3 Big Hug!
Get Out of Debt Guy - Twitter , Facebook
If you have a credit or debt question you'd like to ask just use the online form .

About the author

Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

1 Comment

Share a Comment / Leave a Reply

Scroll to Top
%d bloggers like this: