Q: I was sued for a debt that is now over 4 years old. They sued me before the debt was 4 years old. Can I use the statute of limitations as a defense?
A: No. The statute of limitations defense is only valid if they sue you after the statute has run. If they sue you before the statute has run, you will not be able to use that defense. Of course, if you have any doubts about when the statute has run, then you err on the side of alleging the statute as a defense. Of course, in those cases, it pays to consult with an attorney.