Original creditor wrote off debt in 2/2001. Date of last activity varies on different credit reports, but the written off date should suffice. We did try to settle with the original creditor in 2004, but they had purged it from their records and couldn't verify it at that time.

A zombie collections company contacted us last Fall with a letter offering a new credit card which would absorb the old debt. We ignored it and they then sued us, listing an "account stated" which has a 6 year SOL, rather than an open account which has 3.

Our small claims system requires you respond on a form with little room to write your reasons, so I answered "No account stated between parties. Claim time barred due to applicable statute of limitations for open accounts"

I had hoped they would drop it when they saw we knew they were trying to play with wording to get the longer SOL applied, but we have a court date set.

Should we just go ourselves, or should we get an attorney? We can't really afford one, and I believe the small claims system is set up so the average person can appear without representation and follow the proceedings.

I'd be careful, you tried to settle in 2004 even if the original creditor didn't settle with you they may have passed this information to the collection agency when they sold them your debt.

If possible get a lawyer, I don't know how these court hearings work but maybe you could have one apointed to you?

I can't imagine a settlement offer to the original creditor, who couldn't verify the account's existence at the time, could possibly translate to an account stated with the debt buyer. It's not that they refused to settle, they couldn't even find or verify the account