The statute of restrictions can be an affirmative protection so it will not immediately use or avoid loan companies from trying to collect delinquent debts. It’s raised in court procedures that may stop your debt collection lawsuit in the event that court determines that the right time period once the financial obligation collector is permitted to register case against you has passed away. Then, the court will dismiss the situation against you. If you’re sued for the delinquent financial obligation, and think the statute of restrictions might stop the collection agency from suing to collect that debt, you need to improve the statute of restrictions protection once you file your response. It properly could cause you to lose its protections because it is an affirmative defense, failing to raise.
Can debt collectors attempt to collect a time-barred financial obligation?
If the collection agency just isn’t suing you it is simply wanting to gather a financial obligation banned by the statute of restrictions, things have more cloudy.