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vocalmommy2004 · Mar 31, 2010, 09:30 PM

I am being sued for a credit card that I had a long time ago. According to my credit report, the Statute of Limitations has expired! But this credit card was from so long ago that I don't have anything from it. I don't even remember what happened to the card itself!Can I use my credit report as evidence? If not then what should I do?? Oh and is it too late to ask for production of documents? Im in Arizona. Thanks!

Fr_Chuck · Apr 1, 2010, 03:55 AM

What does the credit report say ? Does it show the last date the card was reported, does it show balance??

Did you when you got notice of law suit, ask them to provide you copies of all original documents as you are allowed to do ?

They have to prove the debt, you don't have to prove there is not.

vocalmommy2004 · Apr 1, 2010, 09:27 AM

Originally Posted by Fr_Chuck

What does the credit report say ? does it show the last date the card was reported, does it show balance ???

Did you when you got notice of law suit, ask them to provide you copies of all orginal documents as you are allowed to do ?

They hvae to prove the debt, you don't have to prove there is not.

The credit report says date the account was closed and I believe it says last payment. And it says the amount they wrote off.

1. I am getting mixed answers from lawyers I have talked, a few have said to answer my summons and say deny until proce documents. And a few have told me don't deny it just say, I don't recall or something like that.

2. and I am, getting mixed answers on if I should send them a production of documents letter. I am so lost.

3. and they are suing me in my maiden name, should I use that name when responding? Or use my current name, as I have also been told different answers for this as well.

AK lawyer · Apr 1, 2010, 09:41 AM

Originally Posted by vocalmommy2004

The credit report says date the account was closed and I beleive it says last payment. And it says the amount they wrote off.

It would be evidence (It's their admission, which a valid exception to the hearsay rule.) of the last payment, if the statue of limitations is in issue. Whether the account was closed or written off is irrelevant.

Originally Posted by vocalmommy2004

1. I am getting mixed answers from lawyers I have talked, a few have said to answer my summons and say deny untill proce documents. and a few have told me don't deny it just say, I don't recall or something like that.

The main advice you are getting is the important thing: answer it on time. Either deny or deny for failure to have sufficient information as to the truth of the allegation. Doesn't matter which, just do it.

Originally Posted by vocalmommy2004

2. and I am, getting mixed answers on if i should send them a production of documents letter. I am so lost.

Send them a request for production, specifying exactly what you want (including credit agreement signed by you, ledger of all charges and payments, etc.). Wouldn't hurt and it sure could help.

Originally Posted by vocalmommy2004

3. and they are suing me in my maiden name, should I use that name when responding?? or use my current name, as I have also been told different answers for this as well.

Use your current name, explaining that the name they are suing you as was your name but you have since become married and changed your name.

vocalmommy2004 · Apr 1, 2010, 09:53 AM

Originally Posted by AK lawyer

It would be evidence (It's their admission, which a valid exception to the hearsay rule.) of the last payment, if the statue of limitations is in issue. Whether the account was closed or written off is irrelevant.

The main advice you are getting is the important thing: answer it on time. Either deny or deny for failure to have sufficient information as to the truth of the allegation. Doesn't matter which, just do it.

Send them a request for production, specifiying exactly what you want (including credit agreement signed by you, ledger of all charges and payments, etc.). Wouldn't hurt and it sure could help.

Use your current name, explaining that the name they are suing you as was your name but you have since become married and changed your name.

So the date of last payment is when the SOL'S start?

AK lawyer · Apr 1, 2010, 10:16 AM

Originally Posted by vocalmommy2004

So the date of last payment is when the SOL'S start?

Yes.

JudyKayTee · Apr 3, 2010, 06:22 AM

I thought the statute started on the date of the last activity - payment OR use of the card. I have seen people make a payment and then make "one more charge."

vocalmommy2004 · Apr 5, 2010, 09:47 PM

A debt collection agency is suing me for a debt where the Statute of limitations has expired. They are trying to tell me that I made a payment to them in 2005, which would obviously restart the SOL's, except I know for a fact that I didn't make any payments to them in 05. I know I haven't made a payment on this account since 03, but I don't have any proof of that either. I know they don't have proof that I made a payment in 05 because I didn't. So if they don't have proof that I made a payment in 05 then the judge has to say they are wrong, right? Oh and get this! They even put on my credit report that I made a payment in 05!! Yeah, so what do you think?

vocalmommy2004 · Apr 5, 2010, 09:55 PM

Originally Posted by vocalmommy2004

A debt collection agency is suing me for a debt where the Statute of limitations has expired. They are trying to tell me that I made a payment to them in 2005, which would obviously restart the SOL's, except I know for a fact that I didnt make any payments to them in 05. I know I havent made a payment on this account since 03, but I don't have any proof of that either. I know they don't have proof that I made a payment in 05 because I didnt. So if they don't have proof that I made a payment in 05 then the judge has to say they are wrong, right? Oh and get this! They even put on my credit report that I made a payment in 05!!! Yeah, so what do you think??

Sorry I meant they are trying to say I made a payment in 07, NOT 05..

this8384 · Apr 6, 2010, 08:41 AM

Originally Posted by vocalmommy2004

A debt collection agency is suing me for a debt where the Statute of limitations has expired. They are trying to tell me that I made a payment to them in 2005, which would obviously restart the SOL's, except I know for a fact that I didnt make any payments to them in 05. I know I havent made a payment on this account since 03, but I don't have any proof of that either. I know they don't have proof that I made a payment in 05 because I didnt. So if they don't have proof that I made a payment in 05 then the judge has to say they are wrong, right? Oh and get this! They even put on my credit report that I made a payment in 05!!! Yeah, so what do you think??

Where are you located? Has the agency actually filed a lawsuit or are they just threatening to do so?

If they have filed a lawsuit, you absolutely need to show up for court. Request that the suit be dismissed on grounds that SOL has expired. Prior to the trial, request in writing proof of last payment on the account - send a copy of that letter to both the court and the collection agency.

EDIT: After reading your other thread about this, I realized you are in Arizona. SOL in Arizona is 6 years:
http://www.statuteoflimitations.net/...imitations.htm
So even if your last payment WAS in 2005, they can still legally sue you for this.

Fr_Chuck · Apr 6, 2010, 09:21 AM

Various threads merged, please try and keep all similar material in one thread

vocalmommy2004 · Apr 6, 2010, 06:44 PM

Originally Posted by this8384

Where are you located? Has the agency actually filed a lawsuit or are they just threatening to do so?

If they have filed a lawsuit, you absolutely need to show up for court. Request that the suit be dismissed on grounds that SOL has expired. Prior to the trial, request in writing proof of last payment on the account - send a copy of that letter to both the court and the collection agency.

EDIT: After reading your other thread about this, I realized you are in Arizona. SOL in Arizona is 6 years:
Arizona Statutes of Limitations
so even if your last payment WAS in 2005, they can still legally sue you for this.

I am in az as you saw. I also wanted to say that this is for a credit card and there is no written contract, so the SOL is 3 years. Yes they are suing me. I will have to request production of documents and see if they have anything. I know they don't. So Hopefully the case will be dismissed.

this8384 · Apr 6, 2010, 08:14 PM

Originally Posted by vocalmommy2004

I am in az as you saw. I also wanted to say that this is for a credit card and there is no written contract, so the SOL is 3 years. Yes they are suing me. I will have to request production of documents and see if they have anything. I know they don't. So Hopefully the case will be dismissed.

Where do you see that SOL in Arizona is three years?

AK lawyer · Apr 6, 2010, 09:54 PM

Originally Posted by vocalmommy2004

I am in az as you saw. I also wanted to say that this is for a credit card and there is no written contract, so the SOL is 3 years. Yes they are suing me. I will have to request production of documents and see if they have anything. I know they don't. So Hopefully the case will be dismissed.

For a credit card, there would have been a written contract originally. It's questionable, however, that the plaintiff will be able to find a copy of it.

vocalmommy2004 · Apr 6, 2010, 10:50 PM

Originally Posted by AK lawyer

For a credit card, there would have been a written contract originally. It's questionable, however, that the plaintiff will be able to find a copy of it.

I guess that's what I'm hoping. It was so long ago I don't remember how I got the card.