7/12/18

Barclays Collection Suit Dismissed as Time-Barred

On May 18, 2018, a judge of the Lawrence District Court dismissed a lawsuit brought by Barclays Bank Delaware against a client of Quat Law Offices seeking to collect a credit card debt.  The judge ruled that the Delaware three-year statute of limitations applied (and not the Massachusetts six-year statute) and therefore Barclays had filed the case  too late.  Factors indicating that the Delaware statute applied included: the account agreement was governed by Delaware law; Barclays is incorporated and has its principal place of business in Delaware, and the alleged breach occurred in Delaware.
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By Kenneth D. Quat, Massachusetts Consumer Rights Attorney.
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