Minnesota law limits how long a consumer can be sued for old debts. Unfortunately, the law doesn’t always stop collection agencies from trying to collect anyway. If you have been contacted about paying off an old debt that is outside of the statute of limitations, we can help. Our St. Paul old debt collections attorneys at Rob Roe Law, LLC will stop the debt collectors on your behalf. Depending on the circumstances, you may even be able to sue the collection agency for damages.
Contact us now to learn how our firm can best assist you.
The “statute of limitations” refers to how long a creditor has to file a lawsuit against you for a debt. In Minnesota, this time limit is six years. This means that a creditor or debt collector can sue you anytime within six years from the date of your last purchase or last payment—whichever came later. If a debt collector tries to sue a consumer in order to collect an unpaid balance over six years after the last payment date, the lawsuit can be dismissed.
However, it is important to note that after the six-year limit has passed, you may still be responsible for paying the debt—the collectors just cannot sue you for it.
Another important thing to note is that debt collectors most likely will not inform you that the statute of limitations has expired in the hopes that you will feel more pressure to pay. An attorney can help you determine whether their legal action goes beyond the statute of limitations.
Time-barred debts are debts that a creditor or debt collector failed to initiate legal action on within the statute of limitations. It can be illegal under the Fair Debt Collection Practices Act (FDCPA) to sue for time-barred debts, but a creditor may attempt to do so anyway. A debt collector may try to claim that your debt remains within the statute of limitations to do so.
If a creditor or debt collector attempts to bring a lawsuit against you, it helps to have a lawyer on your side. A St. Paul old debt collections attorney can represent you if you are required to attend a court proceeding. A lawyer can also assist you with generating proof that the debt is actually time-barred, such as by procuring a statement which shows that the date of your last payment was over six years before the lawsuit was filed.
At Rob Roe Law, LLC, we can review your case during a free, no-obligation consultation, so you can decide for yourself if we are the right firm for you. If you have a case, we will fight to prove that the debt collector has violated the FDCPA and get you the compensation and peace of mind you deserve.
Contact us now to schedule your free case evaluation!