I was served a Summons and Complaint court document on June 3, 2022 for a credit card debt back in 2018. The court documents are dated May 23, 2022. According to the Complaint, my last payment was made on June 14, 2018. Here is my question...BY THE TIME MY ANSWERS TO THE COMPLAINT IS PROCESSED AND THE COURT HEARING IS SET, THE 4 YEARS STATUTE OF LIMITATION WILL ALREADY HAVE PASSED. AM I STILL ABLE TO BE SUED FOR THE DEBT? Can the debt collector still sue me if they filed before the 4-year statute of limitation but the statute of limitation will run out by the court hearing date?
Generally, the statute of limitations deadline applies to the date the Complaint is filed. A Complaint can't be filed after the deadline has passed. A hearing can be scheduled for after the deadline has passed. This is a tricky issue though, and only an attorney or judge could determine whether the lawsuit is valid.
That said, people can sue pretty much anyone anywhere for whatever they want. The judge nor the court are referees in a lawsuit. The only way to defend against a lawsuit where the statute of limitations has expired is to file an Answer and to state the SoL has expired.
The SoL having expired does not prohibit someone from filing the lawsuit. It just means their lawsuit is invalid and the case should be dismissed once an Answer is filed.