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-   -   Past SOL expiration cc debt (https://www.askmehelpdesk.com/showthread.php?t=64893)

  • Feb 21, 2007, 07:38 AM
    SheilaR
    Past SOL expiration cc debt
    Good Morning,

    My question has to do with SOL expired credit card debt. I have not received anything in the mail (have had a few states of residence), only phone call messages. There is never anyone on the other end when I answer, they are just leaving messages every day.

    1) Is it likely or possible that the company that bought the cc debt will attempt to file suite even though the SOL has expired?

    2) Does the court require the collector to prove SOL expiration before continuing the paper work for a suit?

    3) If they do get a suite filed past SOL expiration and since there are a few states of residence involved, how would I know if a suit was filed and where it was filed before the bank account gets frozen?

    Would appreciate your expertise - Thank you
  • Feb 21, 2007, 03:50 PM
    CaptainForest
    The court doesn't make them prove the SOL is valid when the file.

    Your defence would be that the SOL has expired, and therefore will win your court case.
  • Feb 21, 2007, 04:45 PM
    SheilaR
    Quote:

    Originally Posted by CaptainForest
    The court doesnít make them prove the SOL is valid when the file.

    Your defence would be that the SOL has expired, and therefore will win your court case.



    Thank you CaptainForest, would you be able to elaborate on Question #3 please
  • Feb 22, 2007, 04:48 AM
    excon
    Hello Sheila:

    Before you get sued, they'll serve you with a summons and complaint. It will tell you which court the case was filed in.

    excon
  • Feb 22, 2007, 06:06 AM
    SheilaR
    Quote:

    Originally Posted by excon
    Hello Sheila:

    Before you get sued, they'll serve you with a summons and complaint. It will tell you which court the case was filed in.

    excon



    Thanks, but can someone please read my question #3 and give me an answer?
  • Feb 22, 2007, 06:23 AM
    excon
    Quote:

    Originally Posted by SheilaR
    how would I know if a suit was filed and where it was filed before the bank account gets frozen?

    Hello again Sheila:

    I thought I did answer your question.

    Quote:

    Originally Posted by excon
    Before you get sued, they'll serve you with a summons and complaint. It will tell you which court the case was filed in.

    excon

    If a suit was filed you will be served with some documents. The address of the court will be on those documents.

    I don't know how else to answer your question.

    excon
  • Feb 22, 2007, 06:43 AM
    SheilaR
    Quote:

    Originally Posted by excon
    Hello again Sheila:

    I thought I did answer your question.


    If a suit was filed you will be served with some documents. The address of the court will be on those documents.

    I donít know how else to answer your question.

    excon


    Thanks Excon! My question #3 elaborated as:
    I have had a few residence addresses (different states) and should they file suit to the courts of one of the states I do not live at anylonger, how will I know suit was filed? Will I be surprised one day and try to draw out funds and the account will be frozen?
  • Feb 22, 2007, 07:30 AM
    ScottGem
    The creditor has to exercise due diligence in serving you with notice of a suit. If they haven't then that is ground for vacating a judgement. However, it is possible that they can meet due diligence and you still wouldn't be informed. In which case a default judgement might be entered. It might pay to monitor your credit reports as such a judgement would probably be listed.
  • Feb 22, 2007, 07:52 AM
    excon
    Quote:

    Originally Posted by SheilaR
    I have had a few residence addresses (different states) and should they file suit to the courts of one of the states I do not live at anylonger, how will I know suit was filed?

    Hello again, Shiela:

    Ok... We live in a very mobile society. If you're trying to hide, depending on how successful you are, you certainly may be surprised at your bank one day. The due diligence Scott speaks of includes a good faith effort on their part at locating you. If they can't (and they have to show the judge they tried), then they can serve you by publication, and you wouldn't know about it.

    If, however, you're NOT trying to hide, and you've left forwarding addresses, and your accounts are current (insurance, drivers license, bank, etc), they'll find you.

    excon

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