Ask Me Help Desk - Statute of limitations on C Card in Alabama

Statute of limitations on C Card in Alabama

Being sued in Alabama for old C Card debt and last time I pay on it was 5/10/06 and they sued me on 5/15/09 3 year statule of limitations as you can see 5 days late am I right on the staute of limitations thanks I have my old bills to prove it

5/10/06 was the last payment posted on the C card statement and 5/15/09 they file the lawsuit thanks

Need help need to know if the statute of limitations has run out last payment made was posted on 5/10/06 [ C- card statement ] on 5/15/09 when they file the lawsuit I live in Alabama I think sol is 3 years on C-card again 5 days is my question or will the judge overlook the 5 days am I right about the SOL this is a debt buyer who is sueing me. Thanks for any and all help

Quote:

Originally Posted by AK lawyer

You mailed it on 5/10/06? Or they "posted" the transaction (credited it toward the debt) on that date?

If it's the latter, you have a good shot at the 3-year SOL.

It was posted the transaction on 5/10/06 credited it toward the debt not mail on 5/10/06 is a C-card is that a open account? Thanks

You say they sued you on 5/15 ?
Was this the date they filed or the court date.

Last time you paid 5/10, was that your check date or the date it posted to the account

SOL in Alabama is 3 years for "open accounts." However, this may fall under "contracts" as you are required to sign to use the card. Contracts in Alabama have a SOL of 6 years, not 3. I don't think you're going to get out of this one by using SOL as a defense.

See Statute of limitation for credit card debt for general information and consult an attorney to discuss your specific situation.

Quote:

Originally Posted by johnfowler1966

... last payment made was posted on 5/10/06 [ C- card statement ] on 5/15/09 when they file the lawsuit ...

You mailed it on 5/10/06? Or they "posted" the transaction (credited it toward the debt) on that date?

If it's the latter, you have a good shot at the 3-year SOL.

It is suggested in this thread that it's a 6-year contract SOL. However in that case the plaintiff will have to prove the contract. In my experience, credit cards haven't kept very good records and cannot produce the original signed documents, particularly when they have assigned the claim to a collection agency.

I've asked that your thread be merged. Please don't start new threads regarding the same topic. If you have additional questions, you can continue to post them in your original question.

Quote:

Originally Posted by AK lawyer

It is suggested in this thread that it's a 6-year contract SOL. However in that case the plaintiff will have to prove the contract. In my experience, credit cards haven't kept very good records and cannot produce the original signed documents, particularly when they have assigned the claim to a collection agency.

My research indicates the statute is 3 years on credit card debt in Alabama.

If the last payment was posted on 5/10/06 the Statute ran out on 5/10/09 - and, no, the Judge cannot overlook the 5 days. The Statute has run.

BUT the date the lawsuit was filed is the important date, not the date the Attorney put on it or the date it was served. What is the date it was filed - what does the Court stamp say?

More importantly - you view credit card debt as contract law?

Quote:

Originally Posted by JudyKayTee

My research indicates the statute is 3 years on credit card debt in Alabama.

If the last payment was posted on 5/10/06 the Statute ran out on 5/10/09 - and, no, the Judge cannot overlook the 5 days. The Statute has run.

BUT the date the lawsuit was filed is the important date, not the date the Attorney put on it or the date it was served. What is the date it was filed - what does the Court stamp say?

This is what I was reading, Judy:
Alabama Statutes of Limitations
I assumed credit card debt would be considered a contract, as you have to sign for it..

And as you pointed out, it matters when it was filed, not when the OP was served - I can't imagine a company, who does this for a living, letting an account slip away by only a five day difference. But there's a first time for everything.

Please do not do two threads for the same issue, I have merged them the best I could, sorry if the merge causes any confusion

Quote:

Originally Posted by this8384

This is what I was reading, Judy:
Alabama Statutes of Limitations
I assumed credit card debt would be considered a contract, as you have to sign for it...?

And as you pointed out, it matters when it was filed, not when the OP was served - I can't imagine a company, who does this for a living, letting an account slip away by only a six day difference. But there's a first time for everything.

The sort of rule of thumb - and note I said sort of - is that open ended accounts, such as charges, have a balance which fluctuates up and down and, therefore, payments which fluctuate. A contract is for a fixed amount with fixed payments.

Quote:

Originally Posted by JudyKayTee

The sort of rule of thumb - and note I said sort of - is that open ended accounts, such as charges, have a balance which fluctuates up and down and, therefore, payments which fluctuate. A contract is for a fixed amount with fixed payments.

And that could be part of the confusion. Maybe the creditor thinks the way I do, while the judge may think they way you do :)

Quote:

Originally Posted by JudyKayTee

My research indicates the statute is 3 years on credit card debt in Alabama.

If the last payment was posted on 5/10/06 the Statute ran out on 5/10/09 - and, no, the Judge cannot overlook the 5 days. The Statute has run.

BUT the date the lawsuit was filed is the important date, not the date the Attorney put on it or the date it was served. What is the date it was filed - what does the Court stamp say?

Court stamp 5/15/09

Quote:

Originally Posted by JudyKayTee

My research indicates the statute is 3 years on credit card debt in Alabama.

If the last payment was posted on 5/10/06 the Statute ran out on 5/10/09 - and, no, the Judge cannot overlook the 5 days. The Statute has run.

BUT the date the lawsuit was filed is the important date, not the date the Attorney put on it or the date it was served. What is the date it was filed - what does the Court stamp say?

Court stamp 5/15/09 thanks

If things are as you say, the debt is out of statute.

Question: When Does the Statute of Limitations Clock Start?

Question: When Does the Statute of Limitations Clock Start?
Does The statute of limitations clock starts running on the date of last activity on your account. Is this Typically this is the date that I made last payment, or is it sometime else {credit card} lets said last payment made and posted on credit card statement was 5/10/06 and next payment was due 0n 6/10/06 and wasn't made,no more payment was made after that. Thanks for all and any help

It's the last activity on the account - in this case, the last posted payment. I've seen an argument made that it's the mailing date - but that argument lost.

Thanks john

Can a debt collector report on a credit report that the wrong date was open

Can a debt collector report on a credit report that wrong date was open on a old debt let said original debt was open on 8/01/05 and debt collector {unifund} report that it is 2/1/08 on the credit report this is on a credit card does this need to be the same date as the original debt. Both account # is the same. This is the time that they must have bought this debt. Thanks for all and any help.

Quote:

Originally Posted by this8384

Your post is somewhat confusing, but this is my best guess:

You opened a credit card in 2005 and defaulted on the payments.
The credit card company sold the debt to a collection agency, probably in 2008, so the agency is listing their open date as 2008.
You want to know if this is legal....correct?

My answer would be yes; they are listing the date that they obtained the account from the original creditor.

Where are you located? Statute of limitations may have expired on this debt already, depending on your local laws. When was the last payment you made, or when was the last time you used the account?

EDIT: After reading your other threads, is this related to the same creditor you've been asking about since last year?

Yes it is thanks

Quote:

Originally Posted by this8384

Your post is somewhat confusing, but this is my best guess:

You opened a credit card in 2005 and defaulted on the payments.
The credit card company sold the debt to a collection agency, probably in 2008, so the agency is listing their open date as 2008.
You want to know if this is legal....correct?

My answer would be yes; they are listing the date that they obtained the account from the original creditor.

Where are you located? Statute of limitations may have expired on this debt already, depending on your local laws. When was the last payment you made, or when was the last time you used the account?

EDIT: After reading your other threads, is this related to the same creditor you've been asking about since last year?

5/10/06 was the last payment posted on the C card statement and 5/15/09 they file the lawsuit.{court stamp} I live Alabama, I won 1st time in court and they appeal I got court again this next week July 1st what do you think? 3 year SOL are not thanks for all and any help, john

Quote:

Originally Posted by this8384

Use the same defense. SOL expired and the creditor has no valid grounds for the lawsuit. What did they file in their appeal paperwork that allowed the case to be reopened?

EDIT: Just out of curiosity - you said the last payment was posted on 5/10/06. Did you use the card after that? Even once?

No I did not use card, did not use SOL defense, they only had a affadadit I file a sworn letter of denial so they had no evidence. I also file for discovery {request for production of document} it was granted by the judge on may 22 2009 and they object I hear nothing on objections it was all by mail, they sent me the old credit card statements as evidence and file for motion for summary judgement and it show last payment made posted on 5/10/06 and 1st suit was file on 5/15/09 {court stamp} next thing I got was a motion to set hearing 1st plaintiff filed suit and defendant filed answer 2nd plainiff file a motion for summary judgement which has not set for hearing. 3rd plaintiff feels that the motion for summary judgment will resolve the issues. Next day I got my court date {order setting hearing on motion} that said motion to set for hearing filed by the plaintiff is hereby granted. It is therefore ordered that plaintiff's motion for summary judment be and is hereby set for hearing on this court's civil motion docket for July 1st 2010 at 9am. Do you think I need to use SOL defense at first are made them prove it is a valid debt I know that they will need a live wittness I think? What would you do?

Account stated on credit card lawsuit

Being sued under account stated on a credit card debt SOL is 6 years on account stated 3 years on open account how can I defend myself on this the debt is over 4 years old I live in Alabama my question is will the account stated stand if it is a credit card debt

Yes, I suggest you keep all of your posts in one thread,
I have "cleaned up" your posts, deleting some, and merging the rest so people can get a better over all story of the events.