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Re: Are debt collectors really "SOL"


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Posted by LadynRed (199.91.33.254) on January 23, 2003 at 15:14:48:

In Reply to: Re: Are debt collectors really "SOL" posted by ricky on January 22, 2003 at 22:47:05:

If you don't have any statments or cancelled checks (try the bank, they keep stuff for 7 years I think), then a copy of your credit report showing a date of last activity of 1/98 should be sufficient for a judge. You can't falsify what's on your credit report, so its pretty good proof. I'd pull all 3 reports, but I think Experian is the only one that give a DOLA date.

You also need to take; copies of the Truth in Lending Act that defines credit cards as open-ended accounts. Copies of the state statutes (I'd take all 3 states just in case) that shows the SOL.

A CA rep in court will most certainly try to convice a judge that credit cards are written contracts - they are NOT, that's why you need the TILA copy it stop that argument dead in its tracks.

In court, you don't admit the account is yours, you just say 'I don't know, but at any rate it is time-barred based on the XX state SOL'. The CA rep is going to have to prove otherwise, that's why its important to have multiple copies of everything you take with you and to be organized.



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