Being sued for a very old credit card debt, how to use the SOL defense in court?

Question

I am getting sued for a debt that was charged off 10 years ago. A 450 dollar debt inflated to 1300. I answered the claim and check the box that said you deny the claim. I returned it to the court clerk. I am now awaiting trial, in the mean time i found a credit report 7 years old that had this debt showing it was charged on in 5/1998. I live in a state where the SOL is 6 years for credit card debt. Should all i need is a copy of this credit report. The lady at the court house told me i could not include that in my answer, but i can use that in court.

I really don't want a judgment my credit is spot less now. Someone told me this person taking me to court Palisadas will make a HUGE PROFIT from this. other question would this be a violation to do this?

Answer 1

There should be NO reason why you have to go to court... This debt is past the SOL. Take your credit report and all the supporting docs with you to court.

*** But, the only way they can sue you though is if Palisadas sent you a letter in the past about the debt and you replied back to them about it. If that happen, then they can sue you for that because replying back to a company saying this is your debt and it's old gives them proof and the go-ahead to do legal action against you.

Answer 2

Palisades is a Junk Debt Buyer who is well known for trying to sue for debts that are long past the Statute of Limitations.

You did the the first step in filing the answer.   As you seem to know the Statute of Limitations is an affirmative defense which means you must show up in court to defend yourself.  So do not just skip out on it.  

Now, depending on your state there are some things that could reset the Statute of Limitations.  This includes making a payment or if you had signed a promise to pay agreement.  If you did either of these in the last 6 years it could have reset the Statute of Limitations.  So in court you can bring the Credit Report as it would not hurt.  But you also need to have them prove that you did something that would have caused the SOL to reset.

Answer 3

Unless you received a 1099-C showing that they already took a chargeoff (and you included the cancelled debt in your income), it's still out there.