Can a Credit Report Be Used As Evidence in a Credit Card Lawsuit?

Statutes of limitations are for the protection of consumers. State governments bar creditors from suing a debtor after a set period of time, known as the statute of limitations. Every state mandates its own statute of limitations on the various types of debt. Expired debt is not collectible in a state court. A credit report may help substantiate a time frame.

Identification

A consumer credit report can be used in a credit card lawsuit. However, the consumer credit report must be valid and in its original form. For example, the consumer credit report cannot contain omissions, revisions or blacked-out information. The document must be whole and in legible condition. If the document has been tampered with, a judge may dismiss the consumer credit report as evidence and charge the party using the compromised document with contempt of court.

Considerations

One way to protect the integrity of a consumer credit report is to purchase a new report in advance of your court trial or hearing. Have an original copy mailed directly to your attorney, the judge overseeing the case or you, in which case, you should wait to open the report until your trial or hearing convenes. Provide a state court with the most recent version of a consumer credit report unless an older version provides the information you require for your case. Take into consideration the estimated arrival time when ordering a new report for an upcoming court date. Bring copies of old billing statements, bank statements and payment receipts or canceled check to substantiate the information documented in your consumer credit report to prove your defense.

Relevance

The most common reason a consumer credit report would be used in a credit card lawsuit is to establish the time line for a debt. For example, a plaintiff may use a consumer credit report to prove the existence of a debt as well as to document a debtor's payment history. Such information is important when determining whether the statute of limitations on a debt has run out. If the statute of limitations has not run out, the debt is still collectible in a state court.

Statutes of Limitations

Statutes of limitations cover four types of debt: written contracts, oral contracts, promissory notes and credit card accounts. Each type of debt has its own statute of limitations. For example, states such as New York, South Dakota and Vermont all have a six-year statute of limitations on credit card debt. Wyoming, West Virgina and South Carolina have a 10-year statute of limitations on written contracts.