How to use the SOL defense in court for a old credit card debt?

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

Answer 1

The only issue with the SOL is it is per creditor not per account.

So your card issuer was your original creditor, they have a SOL in your state of 6 years. If they sell it to a collection agency, they too have 6 years and if they subsequently sell to yet another agency, here goes another  years. The SOL applying to only the last agency/company reporting the debt if THAT is greater than 6 years then you have a case, if not your're SOL (no pun intended)

Answer 2

re: above answer

The SOL is NOT reset every time the debt changes hands by a new collection agency buying the debt...The only thing that may reset the SOL is your making a recent payment on the debt or admitting in writing that you owe the debt.

This is exactly why it's so important to not use this board as your only source of information for important issues  like pending lawsuits....People have good intentions but often they aren't qualified to give you a correct answer.  If you can't afford an attorney, contact your local Red Cross and ask for a referral to free legal aide in your area...they may be able to help you.

I would advise the following:

Send Palisades a letter via Certified Mail + Return Receipt stating:

Per the Fair Debt Collection Practices Act, I am requesting:  

- written validation of this alleged debt (copy of the original contract, itemized transactions with dates and amounts, total amount)

- validation of the "Date of Last Activity"

- validation that this alleged debt is within the statute of limitations

DO NOT sign your name on this letter.

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