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    cstillion's Avatar
    cstillion Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Dec 4, 2010, 06:37 AM
    Being sued by Discover Card in West Virginia... help
    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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Dec 4, 2010, 06:52 AM

    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.

    There are hundreds of threads on this site dealing with similar situations. Check the Credit, Bankruptcy & Debt and Small claims forums as well. If you still have any specific questions after browsing around, feel free to ask.
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