Arkansas residents with credit card debts that are older than five years may be able to have any lawsuits that are brought against them by collections agencies dismissed. State law indicates that an action to enforce an obligation to pay a debt must be started within five years of the liability’s due date in order to have any validity.
No debt may be enforced after six years have passed, and that means that no legal attempt to compel payment may be made. However, the company still has the right to attempt to collect on the debt, and the debt will remain on the credit report for as long as it usually would.
Under federal law, collections agencies have the right to file a civil suit against a putative debtor in the district where they live or where the contract was signed. However, some companies have credit card agreements that will allow them to press their claim in the home state of the issuing corporation instead of the consumer.
Once a credit card lawsuit has been filed against an individual, it is incumbent upon them to send a representative or appear themselves before the court to answer the charges. If the age of the debt has passed beyond the statute of limitations, then it must be brought to the attention of the court by the defendant. An attorney may be able to offer legal representation to anyone who has been accused of owing money in a debt. The attorney might be able to appear at court alongside their client or go to all necessary trial functions and negotiations in their stead.
Source: Creditcards.com, “State statutes of limitation for credit card debt“, Connie Prater and Fred O. Williams, November 15, 2014