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.

Related FAQs

What is a debt collection scam?
What is a judgment?
What types of cases does a collection defense lawyer handle?
What is a Creditor Bill of Rights?
What are the consequences of not paying a debt?
What is the responsibility of a debt collector with regards to debt collection and accuracy of information?
What kind of remedies are available for violations of collection defense law?
How do I contest a judgment?
How can I obtain documents related to my debt?
What should I do if my wages are being garnished?

Related Blog Posts

A Beginner's Guide to Collection Defense: What You Need to Know - July 31, 2023
What is the Fair Debt Collection Practices Act and How Does It Affect Your Rights? - August 7, 2023
How to Challenge Unfair Collection Tactics - August 14, 2023
Common Collection Defense Strategies that Could Help Your Case - August 21, 2023
Understand Your Rights: What You Need to Know About Collection Defense Law - August 28, 2023