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SOL and other questions
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Posted by Rookie (156.33.99.13) on April 11, 2003 at 10:50:16:
OK...I was served yesterday on a debt for an MBNA credit card. The debt claimed is for about $5800. I can't pay it, but the account (according to information attached to the summons) was charged off in November of 1998 while I was still living in Wyoming. I now live in Virginia. I do not believe I have made any payment to this account since the charge off. First, am I correct in assuming that because they are suing in VA, they have to use the VA SOL (3 yrs, I believe). If I am correct in that, the debt is beyond the SOL, and I have an absolute defense. How do I go about taking advantage of this? I don't have enough money for a lawyer, and I am scheduled to move back to Wyoming on the 1st of June. Do I contact the Collections Attorneys and state that this is beyond the SOL? THis and any other info would be very helpful. The court date is scheduled for the 21st of the month, so speed is of the essence. Thanks!
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