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Missouri cc SOL with a twist
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Posted by Collection Agency Killer
(66.140.213.20) on June 22, 2003 at 17:34:47:
I really hate to talk about Missouri SOL and I'm sure some are getting tired of responding to it. However, as we all know Missouri is a tough one concerning SOL. I'll try to make this as painless as possible. CC debts were incurred in Texas while living there. Original CC agreements were all signed in Texas. Even though I'm living in Missouri, can I use Texas SOL as a defense, or would I have to use Missouri SOL?
Here's the twist; I filed for chapter 13 bankruptcy in Sept of 1994. In April of 1997 the case was dismissed for failure to make plan payments as scheduled. Here's my second question. Is there tolling of time while in a chapter 13 bankruptcy? Or did tolling of time with regard to SOL start when chapter 13 was dismissed?
My reason for asking is a Collection Agency/Attorney has picked up my old bankruptcy info. and is attempting collections. I went after collection agency for non- validation of debt, no Permissible Purpose, and then for no Cease and Desist in Nov. 2002, No luck so I filed suit in small claims court. They responded by sending out an attorney on the set court date and asked for a continuance to gather additional informantion. To date they have had 7 months to gather information and still nothing. I asked the judge to deny their request and to proceed with judgment. So..I was awarded judgment that day. They now have filed an appeal and it will be heard in Civil Court on July 1 2003. I want to use Texas SOL as my defense as it is 4 Years on CC debt if I can. Can Texas SOL defense be used, or am I stuck with proving Missouri SOL on CC debt?
Thanks for answering yet another Missouri SOL question. Collection Agency Killer
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