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MissCheek · Apr 22, 2007, 07:19 PM

I was just served with a civil warrant over an OLD credit card debt (from college). I have not heard from this creditor in YEARS. I am trying to find the date of last activity on the account, but the original creditor is not showing up on my credit report (only the debt collector). The affadavit accompanying the summons says the account was charged off in May 2002. How can I find out if the statute of limitations has run on this debt?

If the statute has not run, what should I do? Should I contact the plaintiff's attorney? I cannot afford one of my own, and truthfully, I would really like to avoid the public embarrassment of appearing in our tiny county court. Please help, I am a recently divorced mom of a two year old and am really scared.

ssr202 · Apr 22, 2007, 07:47 PM

First, do not be afraid. I know that seems easier said that done, but I have been where you are and fear is your worst enemy. Do not let them intimidate you or make you feel as if you have no rights.
Second, write a letter to the plaintiff's attorney. Ask who the original creditor was and the specific amount due-without their fees or extra finance charges-the original amount. You can do this. Time is of the essence so do not delay. You should have 30 days to respond, but read your summons carefully. When you write your letter be very detailed as to why you did not pay the debt, your circumstances now and what your future entails. I know this sounds as if you are giving too much personal information, but you must be honest with them.
Also do some checking on the attorney firm. Are they local, out of state and do some internet research on them. Trust me, all this will help you. This can be very stressful, but you can do it. Also do some research on the Fair Credit Reporting Act and what your rights are. Knowledge is power and do not let them make you feel powerless. I will help you get through it, just keep me posted.

mr.yet · Apr 23, 2007, 03:54 AM

Do not call the attorney n this case, File your Notice of Intend to defend with the court, Send Discovery Notice to the Attorney, request documents, original contract, date of last activity on the account.

Then you can look up the SOL in your state.

MissCheek · Apr 23, 2007, 04:05 AM

Originally Posted by mr.yet

File your Notice of Intend to defend with the court,. Send Discovery Notice to the Attorney, request documents, original contract, date of last activity on the account.

Are these forms and/or documents available somewhere?

mr.yet · Apr 23, 2007, 05:07 AM

SOL in Tn is 6 Years

Basically, the debt collection statute of limitation or SOL is a time limit for creditor to file a lawsuit to recover delinquent debt. This period starts when debtor becomes delinquent. Even if the SOL on a particular debt has expired, creditor still can file a lawsuit through a Summons And Complaint, but the debtor can dismiss such a lawsuit on the technicality of expiration.

THe date of the last activity is important to determine the SOL

YOu can look up example on the web for Intend to Defend and Discovery

ScottGem · Apr 23, 2007, 06:16 AM

The problem here is that the only way to avoid going to court is to pay the bill. But I wouldn't be afraid of going to court. You may think this will prove an embarrassment, but many of your neighbors have probably gone through similar and will probably sympathize with you.

ssr202 · Apr 23, 2007, 11:02 AM

If you honestly owe the bill and the SOL has not expired you should pay the bill that was originally owed. If you do not prevail in court you will also be responsible for paying the court costs of the plaintiff along with your own. Add the attorney fees that you will have and still having to pay the bill that was originally due and you will be back in the hole. Please consider all your options before going to court.
The last post was right. I am sure there are others around you in the same boat, but the key is not to get in with 'em and sink.

ballengerb1 · Apr 23, 2007, 11:28 AM

If the original debotor charged off your debt in 2002 it is likely the SOl has run out. If you offer to pay anything, even a small settlement, the SOL will restart.

jphicks · Apr 25, 2007, 10:21 AM

Mr Yet is correct and most of those forms can be found in your local courthouse or local law library.

What a lot of these slime balls do is search for debts for which the Statute of Limitations is about to expire and seek some sort of payment, which can restart the clock. I don't know what state you are in, I saw Tennessee, but you can look it up pretty easily on the internet.

If it was charged off in May 2002, and if it is a six year SOL, they may have slid in just under the wire. However, they will have to prove it is yours and have all the documentation. A third party debt collector has none of that.

Pat Hicks
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