Possible 7 year old debt

[Nick73]

What is the name of your state? North Carolina
Recently I was contacted that Cap1 was taking me to court over a credit card debt from 7 years ago stating that the last activity on the account with them was in 2007. I filed bankruptcy in 2004. They also stated that they do not see where my bankruptcy included them. I have already contacted the bankruptcy court and they are sending me the part of the schedule that has cap1 on my bankruptcy and a copy of my discharge. They told me that the statute of limitations on credit card debt is 20 years because I was maliciously attempting to defraud them. When I asked for information concerning the account such as the account number I was told that that information is unavailable. I did tell them that if the debt was mine and valid I would be willing to work with them to get it paid, however, I have no memory of having a cap1 account after my bankruptcy. They also told me that I committed a felony opening the account during the bankruptcy period. I am a little lost so if the bankruptcy was in 2004 and the last activity was in 2007. This math doesn't make sense to me. So my questions are this, first what is the statute of limitations on credit card debt? What constitutes activity? If I request information concerning the account/debt are they required to provide it? How do I go about finding out if this debt is valid other than a phone call?

 

[LdiJ]

What is the name of your state? North Carolina
Recently I was contacted that Cap1 was taking me to court over a credit card debt from 7 years ago stating that the last activity on the account with them was in 2007. I filed bankruptcy in 2004. They also stated that they do not see where my bankruptcy included them. I have already contacted the bankruptcy court and they are sending me the part of the schedule that has cap1 on my bankruptcy and a copy of my discharge. They told me that the statute of limitations on credit card debt is 20 years because I was maliciously attempting to defraud them. When I asked for information concerning the account such as the account number I was told that that information is unavailable. I did tell them that if the debt was mine and valid I would be willing to work with them to get it paid, however, I have no memory of having a cap1 account after my bankruptcy. They also told me that I committed a felony opening the account during the bankruptcy period. I am a little lost so if the bankruptcy was in 2004 and the last activity was in 2007. This math doesn't make sense to me. So my questions are this, first what is the statute of limitations on credit card debt? What constitutes activity? If I request information concerning the account/debt are they required to provide it? How do I go about finding out if this debt is valid other than a phone call?

They are lying to you through their teeth. The NC statute of limitations for credit card debt is THREE years not 20.
They cannot see what was or was not on your bankruptcy, so they are lying there.
You did not commit a felony because there is no way you could have opened that card while in bankruptcy.

You are way past the statute of limitations for that debt even if it wasn't included in your bankruptcy. They are attempting to frighten you into paying for something that likely wasn't even your debt.

 

[Zigner]

They are attempting to frighten you into paying for something that likely wasn't even your debt.

Agreed, except it could have been re-aged vs. not being the OP's. Either way, it smacks of bogusness.

 

[adjusterjack]

Probably a junk debt buyer that bought the account for pennies on the dollar and, like the Spanish Inquisition, relies on fear to collect from victims. Fear and surprise, etc, etc.

If they call again, just hurl a few invectives and tell them to pound sand.