Sued for credit card debt – what is the SOL in Indiana?
My husband had a Bank of America credit card with a balance of $8,000 which a lot of that was for fees. Now the balance is up to $11,000 and has been turned over to a collection agency. His last payment was about 5 1/2 years ago. He lived in a different county when he aquired the debt and a letter filed in that county was mailed to his old address notifying him that there was a pending judgement and they are giving us 20 days to send a letter to them asking for relief from the debt. We only received the mail because my husbands parents live at that address and they forwarded it to us. I think they should have sent it back to the court with a note that he doesn't live there anymore.
1. What is the time limit since the last payment that a judgement can be filed in Jasper County, Indiana?
2. What does it mean for him to send a letter for relief from the debt and how would he do that.
3. Does the county we live in now matter in respect to the county the judgement was filed?
Thank you for your help!
What is the time limit since the last payment that a judgement can be filed in Jasper County, Indiana?
—Jennifer
1. It looks like a 6 year statute of limitations in Indian to be sued for unpaid credit card debt. The statute of limitations applies to the whole state.
2. A notice that included some statement of letting the court know that you are entitled to relief, would be referring to relief from post judgment collection like garnishment or bank levy. You would have to meet a set of exemptions that relate to monthly income and other criteria. The best way to do that would be to:
- Contact an attorney and ask for assistance.
- Talk to the court clerk and ask for a form they may have that you can fill in and file.
3. Yes, the county you live in is a big deal. You typically have to be sued in the correct jurisdiction, which in this case would be the county you reside. There may be a time line for being in a different county in order to be considered moved or residing there.
Speak with an experienced creditor and debt collection defense attorney.
You may not have been sued by Bank of America. BofA may have sold the account to a debt buyer. There are good defenses an experienced attorney can raise in defending debt buyer credit card lawsuits. If the lawsuit was filed in the wrong county you may be able to get it dismissed. You are fast approaching the 6 year statute of limitations. Who is to say that if you got the judgment set aside that the debt buyer would bother suing again?
I think it is a good thing you got the mail. You now know there is a judgment filed against you in the wrong county and you can go deal with it before they try to freeze your bank account or garnish a paycheck. This is a very real risk, so do not delay in addressing it. If you need help locating an attorney near you with the type of experience with debt buyers and creditors I am referring to, let me know in a comment reply below. I will help you locate one. Just include your zip code.
Readers with questions of concerns about similar issues outlined above are welcome to post below.
About Michael BoveeMichael started CRN in 2004 with a mission to provide people in need with detailed debt and credit help and education. Michael has participated as an expert panelist in federal consumer protection rule making, collaborated on state law changes governing debt consolidation, has worked as an expert witness in court matters related to the debt relief industry, and is a regular contributor to several personal finance websites.
