Can a debt collector sue me after the statute of limitations has expired?
In Delaware, debt collectors are prohibited from suing you after the statute of limitations has expired. The statute of limitations is a legal time limit for filing a lawsuit. In Delaware, the statute of limitations for collecting a debt is three years from the date of the last payment or the date of the last charge. Debt collection companies cannot ignore the statute of limitations, because Delaware law is very specific regarding debt collection and prohibits the commencement of a lawsuit after the expiration of the statute of limitations. This means that debt collectors cannot sue or start any collection activities after the expiration of the statute of limitations. In other words, if the last payment was made more than three years ago, then the debt collector cannot take any action against you. Debt collectors often try to get around the statute of limitations by sending letters, making phone calls, and entering into payment arrangements with the debtor. However, these actions are all considered attempts at collection and therefore are not allowed if the statute of limitations has expired. It is important to remember that the statute of limitations is in place to protect the rights of debtors. If a debt collector is trying to sue you after the statute of limitations has expired, then you should contact a lawyer for help in defending yourself against the lawsuit. You can also contact the Delaware Department of Justice for assistance if the debt collector is engaging in any illegal or deceptive practices.
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