In live in Rhode Island. I had a credit card debt (debt was originally $6,000 non-payment brought it up to $10,000 by April 2005). The last payment was on March 2005. In Rhode Island there is a statute of limitations on collecting credit card debts after 10 years.

Here is the pertinent Rhode Island law: |§ 9-1-13 Limitation of actions generally – Product liability. – (a) Except as otherwise specially provided, all civil actions shall be commenced within ten (10) years next after the cause of action shall accrue, and not after.

In 2009 a case was filed against me, not by the original bank, but by a collection agency. I didn't find out right away because they sent the summons to the wrong town to the wrong address. In any case, the information finally got to me I was able to hire a lawyer. My lawyer at the time said these companies buy debt for pennies on the dollar and to let them produce everything to make a case against us. The collection agency's attorney filed the case against me. The case didn't seem to be going anywhere. Well, in 2011, because of illnesses in the family I fell behind by a couple weeks in paying my lawyer (3 weeks), and he pulled out of the case (he was also looking to retire, so I'm sure that helped). The collection's agency's attorney also left the case. This was in January of 2011. Nothing happened for 4.5 years.

Yesterday I get a letter from my old retired attorney stating he received a call from the an attorney that is now representing the collection agency who said they are moving forward with the case.

I called just to tell him to send me info and that I thought this matter was settled. He stated that this is an open case and they are moving forward. I told him that I am obtaining an attorney.

In short, the new attorney is picking up this case after the SOL expired considering the last activity on the debt (cases has same case#); however, the original case was opened in 2009, which was prior to the SOL. Can the collection agency bring the same case again almost 5 years later (with no activity) and still claim that the action is an extension of the same case and that it is within the SOL? It seems to at least violate the spirit of the law.

tl;dr: Being sued in RI for $10,000 plus interest for credit card debt. Last activity on debt was in March 2005. SOL is 10 years in RI. Collection agency sued debt in 2009, their attorney gave up in 2011(mine pulled out, too). No activity in the legal system until yesterday (almost five years later), when I was informed that a new attorney is pursuing the debt under the same case#. Is the debt time barred? Or not since it was originally brought against me in 2009?