You are here:

Collections Law/time barred credit card suit


I would like your opinion. I got behind in 2007 on credit cards and was put on disabilty. I live in HUD apts.  Now yrs later I get sued by Midland Funding over one credit card they bought from Citicard USA for $1000.00 I do not recall this card BUT perhaps it could be mine(stroke 2007 also). I knwo they bought it for pennies on the dollar and I have NEVER been contacted by them at all for anything. (I now see 2 more things on my credit r ept that they are owning and have not contacted me over those either). I was served 1-2-13 court is soon. My answer was the labama cred card SOL being 3 yrs. They are claiming breech of contract and account stated which is a 6 yr SOL.  I am part owner with 3 others in a house mama lives in-she did have 25% and deeded it to me but reserved herself a life estate-SO does her life estate offer any protection from a lien/judgement on the house? Either in this suit case or in bankruptcy Ch 7? I thought of bankruptcy but may have been misunderstood becasue I was told no I couldnt bankrupt if home was pd for and it is.  It aint worth much at all but it is all mom has and she is hospitalized in bad shape with this suit...she is ver old (90's) and her nerves just collapsed and  feel so bad...I need expert advice;any here in this one horse town has proven wrong. AND as far as the other debts from 2007 that are mine the coll agencies handling them are popping outta the woodwork now-could tey have either discovered I was sued and want in on it in some way OR see somewhere online about the house ownership--it is weird. They are offering 3 ways to settle and I cant afford any. SSi is my disabilty-so what can I do there as well. Thank u 4 your t ime

This is quite complicated but the limits of statute in most states are & years. You must answer in summons and complaints. If they get a judgement they will offer payments plans on most cases. I am a little nervous for you since you do have assets in house however since what you have told me their are other parties involved that does give you some protection. However since you are on SSI they wont be able to garnish your wages. If there are many debts out there BK might be option to put all those old debts behind you and with you only having partial interest in the house I don't think a BK judge would take that from you. You are in a difficult situation so there are many items to look at. This answer will give you some direction but if I can be of any other help e-mail me back.  Good Luck, Gary Lee Gammenthaler

Collections Law

All Answers

Answers by Expert:

Ask Experts


Gary Lee Gammenthaler


Collections Law, Fair Debt Practices Act, Fair Credit Reporting Act, Credit Repair Organizations Act, Bankruptcy Law,etc.


20 years in the collection agency business, 5 years in credit repair business.

4 years Brigham Young University, 2 years Utah Valley University.

Past/Present Clients
Taco Bell. Tunex Automotive Repair, Carl's Jr, Sound Warehouse, 20 Attorneys in Utah, 40 Apartment Complexes in Utah.

©2016 All rights reserved.