Re: Served this morning - preparations
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Posted by LadynRed
(199.91.33.254) on September 11, 2002 at 12:49:25:
In Reply to: Served this morning posted by Chris on September 11, 2002 at 01:16:42:
This debt, if incurred in FL, is definitely past the FL SOL. I don't believe they can use the NJ SOL, which, even at 6 years, is close to expiration depending on what month the account went delinquent or was the last payment was applied. You need to find out the EXACT month/year of the last payment ASAP. What you need to do is dig and see if you have ANYTHING that would prove that the SOL has expired..old statements or cancelled checks, etc. If you don't have those, pull all 3 credit reports and get the 'date of last activity' from the CR's, that in itself will hold up in court (I believe). You DO need to answer the summons. I don't know if there's some verbage you would put in your answer to indiciate the SOL defense, but I'm sure WhyChat or someone else would know that. You should also pull a copy of the Truth in Lending Act, you're looking for the part that defines a credit card account as an Open-ended account. Apparently most judges are not familiar with this and could argue that its a written contract instead. If you have copies of the TIL for the judge and plaintiff's attorney, that would be in your favor should this come up. I would also pull the FDCPA section regarding the expiration of debts etc. and maybe any relevent FCRA sections as well, in case they've tried to re-age the debt. Its better to have MORE support papers in court than have nothing.
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