Picked up a registered letter at the Post Office on Friday that turned out to be a Civil Complaint from Discover Card. I thought we paid them, along with a few other cards a few years ago. I know the SOL in WV is 5 years but my wife made a $50 payment to them in Sept of 2006. Does this start the SOL over or is a written agreement needed? The Complaint did have an old bill from 2006 attached showing the $50 payment but that's all. Do they have to produce the original agreement with my wife? I have to file an answer very soon.

Yes a recent payment can restart the SOL. Yes, in court they will have to produce proof that the debt is yours and wasn't paid.

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