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Re: judgment states one thing Citibank says another


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Posted by LadynRed (68.52.95.139) on May 22, 2003 at 00:58:26:

In Reply to: Re: judgment states one thing Citibank says another posted by Faith01 on May 21, 2003 at 20:14:45:

I would certainly agree with the Legal Aid lawyer, the SOL has run out in MOST states if its been 7 years since the creditor was last paid.

I think we've got a terminology problem here. If you've only just been served with a summons, then there IS NO JUDGMENT rendered .. not yet. If you don't go to court and use your SOL defense, THEN there will be a judgment.

When you say you have a 'summons and a judgment' I think what you may have is a Summons with the Complaint (lawsuit) attached to it, which is fairly standard procedure.

Do you know EXACTLY when the original creditor was last paid ? What state are you in ?

If it has been 7 years, then, as I said, in MOST states, the SOL has indeed run out, but you're going to have to dig up some proof, just in case the suing lawyer argues. These CA attorneys will also try to convince a judge that credit cards are written contracts - THEY ARE NOT and you need to be prepared with your state statute and a copy of the Truth in Lending Act's definition of an open-ended account (credit card). There are far too many judges out there who haven't a clue, so WE consumers have to be prepared to educate them.

The best thing to have is something that proves when the original creditor was last paid, even an old credit report or a current one, if the debt is listed on it, will do. Cancelled checks or old statements are better. If you can't come up with anything, then a validation letter *may* be what you need to do ASAP.


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