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    Suse50's Avatar
    Suse50 Posts: 9, Reputation: 2
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    #1

    Nov 21, 2007, 01:18 PM
    Statute of limitations on a debt?
    Does anyone know how far back a creditor can go back to collect on a debt? As I've stated before on here, I am being sued for a credit card debt, a credit card that I never applied for, received, had possession of or used. But they are saying the last activity was over four years ago. I was under the understanding that the statute of limitaions on a credit card debt was four years. They are saying the last activity on the card was over four years ago.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Nov 21, 2007, 03:33 PM
    Hello Suse:

    If I had a choice between the defense of the "SOL has expired", or "it's not me", I'd choose the "it's not me" defense. Cause if it ISN'T you, you're sure to win, and it doesn't matter when it was.

    excon
    Suse50's Avatar
    Suse50 Posts: 9, Reputation: 2
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    #3

    Nov 21, 2007, 03:38 PM
    It isn't me. It is not even on my credit report. I do not use credit cards and never have. I'm not attempting to find a defensive choice. I am not concerned about losing the case. I am however; angry that someone can sue you and be allowed to appear telephonically. I asked the judge to require the plaintiff to face me in person and he denied me that right. From reading posts in this site, I am trying to become more educated.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Nov 21, 2007, 03:50 PM
    Hello again, Suse:

    Don't be angry that you can be sued. In this great country of ours, anybody can sue anybody for anything. Fortunately, you didn't do it. That's an absolute defense. It really doesn't matter either if you face your accuser or not. YOU DIDN'T DO IT! In court, they'll have to PROVE that it's your signature on the application. If it's NOT - end of story. You don't have to prove anything.

    Plus, you OUGHT to be looking for any defense you can use against this outrageous charge. I certainly would, and I wouldn't make any excuse about it either.

    excon
    Suse50's Avatar
    Suse50 Posts: 9, Reputation: 2
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    #5

    Nov 21, 2007, 03:51 PM
    Any advice on counter suing?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Nov 21, 2007, 03:52 PM
    Hello again, Suse:

    You can't countersue. You're not out anything.

    excon
    Suse50's Avatar
    Suse50 Posts: 9, Reputation: 2
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    #7

    Nov 21, 2007, 03:55 PM
    I'm out the costs to defend a false allegation and time off work to do it. I realize I'm just allowing my anger to speak.

    Thanks
    Questionshelp's Avatar
    Questionshelp Posts: 153, Reputation: 1
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    #8

    Nov 22, 2007, 11:22 AM
    If I where you I would contact an attorney on this issue. Ask for free legal advise. I am sure that what you need to do is contact your local police department on this issue so they can conduct a full investigation. It sure sounds like you are a victim of fraud.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #9

    Nov 22, 2007, 11:28 AM
    Hello again, Question:

    I don't know why you think a lawyer would give free advice. Do you give your boss any of your time for free? No, you don't. Does he ask you to? No, he doesn't. Would you like it if he did? No, you wouldn't.

    excon
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #10

    Nov 22, 2007, 12:43 PM
    If you get free advice from a lawyer you'll get your money's worth for sure. If the company has absolutely no evidence that you signed the credit agreement or any of the charges you could sue for a frivolous law suit being filed against you. However, only do this if your paid attorney says he thinks you can prevail.
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