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Being sued by collection agency-Urgent


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Posted by LR (216.248.125.2) on September 12, 2002 at 00:35:17:

I'll try to be brief. My husband lost his job due to an injury. We were forced to live off our credit cards to survive. We were sued in 2001 by a collection agency and lost. They have garnished my husband's wages. Today we were served papers again by the sheriff. We have never heard of this collection agency but they are suing us for 3 different credit card accounts. I believe the SOL has run out on these accounts and I also believe it had run out on the one that sued us in 2001. We couldn't afford a lawyer back then. We have really struggled just to get by and even tho my husband is now working again it will be years before we see the light of day.

I am in Iowa and from everything I have researched the SOL on an open account is 5 years. What I need to know is when does the clock start ticking on this? Is the SOL with the original creditor or does it start from when the original creditor sells the account? The date of last activity was 1996 on all the accounts listed above with the original creditor.

The collection agency suing us has entered new information on our credit report and is reporting the date of last activity as different than the original creditor but it is also listing the original creditor and the account number. Is is legal to do this? Sorry this is so long but we really need help and this nightmare seems like it is unending. Thank you!


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