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Amarie60
Jul 18, 2008, 12:07 PM
I have received a citation for civil contempt. Yeah, I signed for the thing! This credit card debt has been bought and sold too often. Now, they want me to show in court. The debt is 13 years old and I thought if you show up in court or anywhere else, that you agree with the collection agency. I am lost at what to do. I wish they would leave me alone, I can't afford this old old bill even now! Do I ignore this or what?

farmgirlmo
Jul 18, 2008, 08:53 PM
I have received a citation for civil contempt. Yeah, I signed for the thing! This credit card debt has been bought and sold too often. Now, they want me to show in court. The debt is 13 years old and I thought if you show up in court or anywhere else, that you agree with the collection agency. I am lost at what to do. I wish they would leave me alone, I can't afford this old old bill even now! Do I ignore this or what?

No, you do not ignore it. If you do, they win, end of story.

Appearing in court doesn't mean you agree. Do you have to answer the summons? You need to call the local courthouse and find out what you need to do.

When was the last payment made on the account or card last used? This is the date SOL would go by.

Look at this site and find your SOL -

Statutes of limitation for delinquent debt (Page 2 of 2) (http://www.bankrate.com/brm/news/cc/20040116b2.asp)

Also, find out what resets SOL in your state. Do you live in the same state you did when you opened the account?

If it has been 13 years since you made any payments/used the account and you haven't reset the SOL in any way, then you can use the defense that the debt is a time-barred debt.

Amarie60
Jul 18, 2008, 09:41 PM
farmgirlmo,
Thanks for the information. I'm gonn follow your direction. Thanks again. A.

farmgirlmo
Jul 18, 2008, 09:48 PM
One more thing... never admit to the debt. In some states, acknowleding the debt could reset SOL.

I am not saying you shouldn't pay. But SOL is there for a reason. If past SOL, you are not legally obligated to pay. Morally obligated is a different story.