How can I get a credit card issuer to confirm last payment?

by Nick
(Havertown, PA)

I'm being sued for a very old debt that is well beyond the statute of limitations. I have been served with court papers and have to make an appearance in a month. I no longer have records of the old credit card (searched everywhere). What would be accepted by the court as proof of last payment to the original debtor? If it is the credit card issuing bank, do they have to provide and how do I go about receiving it?

Reply from DebtCollectionAnswers.com:

Nick,

In some states, it is illegal for a debt collector to sue you on a debt that is outside the statute of limitations. In other states, you can raise the statute of limitations as a defense. Typically, though, the burden of proof will be on them in this kind of situation. But we're not attorneys and can't offer legal advice, so what we would recommend is that you talk with an attorney who helps debtors sue debt collectors.

You may not even have to go to court if it turns out their collection tactics are illegal. (Don't take that as advice to ignore this and not respond!)

You can contact a local consumer law attorney with experience in debt collection cases. Find out how to get FREE or low cost legal advice about debt collection from a consumer law attorney here.