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    christ2u's Avatar
    christ2u Posts: 1, Reputation: 1
    New Member
     
    #1

    May 25, 2007, 04:19 PM
    Petition for judgment
    I received a petition for judgment on a credit card that I had received in 1997 and it was charged off in 2000 and the collection agency who purchased it is suing, but I have not paid anything on the card since 1999 and they are saying I paid something in 2004 which is not correct I told the collection agency that I would try, but I couldn't pay anything, can they actually get the judgment ordered if nothing has been paid on the Discover Card and Discover card has taken it off my credit reports and it has been charged off in over 7 years?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    May 25, 2007, 04:26 PM
    There is a common misconception that a charged off debt removes the responsibility to pay. That is not true. You signed a contract, the only way to end that contract is to pay what you owe. As long as you do not, the contract remains in force and is subject to collection.

    All a charge off means is that the creditor took a loss against taxable income for the balance of the debt. Its simply a tax move. It has no bearing on your obligation to pay. Nor does the debt coming off your credit report.

    However, if there has been no activity since 1999, then its likely the Statue of Limitations has expired on their ability to sue you. That's why they are claiming a 2004 payment. So what you need to do is file an Intent to Defend against the suit. Then send a copy to the creditor demanding that they provide documentation of the debt and the payment history. You will find many threads here discussing similar stories.
    rfarmer's Avatar
    rfarmer Posts: 13, Reputation: 2
    New Member
     
    #3

    Jun 24, 2007, 04:54 PM
    Very good chance it has expired get the credit card co... original creditor to send you the date of last activity to confirm when it was last used. After 7 yrs. It should be expired and then request it to be deleted from credit report

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