In some extreme cases, such as New York, the statute of limitations is up to 20 years. The rules vary based on the state and the situation, but most often the average is four to six years. The statute of limitations governs how long a creditor can legally sue you for debt. Records of an accurate depiction of the balance including all previous payments and adjustments.The balance being increased due to fees that you agreed to in the original credit agreement.An indication that the balance was increased after you made purchases.Proof that they have the right to sue you.Proof that you are responsible for the debt.Chain of custody showing where the debt came from and the right of ownership.Instead, you can ask for documentation to prove that you can legally be sued for the debt by a specific debt collector. If you do not respond to the lawsuit you will not have the chance to ask for this proof, and your non-response is considered an “admission of responsibility”. If an entity owns a debt, they have to legally show that they have the right to be pursuing a lawsuit against you. Typically when it comes to debt collectors your debt has been passed around and sold more than one time. Although Comenity is usually only the second person to hold your debt, there is still the chance that they may not have the proper chain of paperwork to back up ownership. One way to respond to a debt lawsuit is to challenge the legal right to even file the lawsuit against you.
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