Lawsuit / SOL in New Mexico
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Posted by glassartist (67.0.196.134) on August 15, 2003 at 09:27:43:
I have been served for a civil complaint in metro court here on an old credit card debt which has not had any payments or charges since prior to January of 1999. It is now owned by a third collection agency who has only contacted me once in the year they have owned it (last October), to demand payment without specifying what the original debt was and without offering me the 30 days to ask for verification. When I wrote back to them and asked for validation of the debt, they never replied. In my January of 2000 credit report, I now realize the debt has been reported as originating in July of 1999. However, I have a letter from the reporting agency that clearly states the debt was already past due and was assigned to them in July of 1999, and a checkstub from October of 1988 showing a partial payment, indicating the account was already past due at thay time. The lawsuit was filed July 15,2003. According to my understanding, this debt passed it's SOL in January of 2003 or earlier (4 years without payment or charges). However, I have learned although the atty general of NM has issued an opinion that credit card accounts are considered open accounts, there is no NM case law to support that. I also have been told by 2 or 3 people "there is no SOL on debts in NM." When I asked about the SOL on legal recourse, they had no answer for me. How can I find out if this is a valid defense? Should I be concerned about the lack of case law to support CC as open account? I have until the 25th to answer the complaint. I've been talking to a prepaid legal service and they are helpful but vague in alot of their answers. Can anyone help me? Feel free to email me off the list with any specific questions. Also I heard that chap. 7 bankruptcy no longer covers credit card debt in NM? Anyone know if this is true? I will not be able to check email again till tonight, but will answer any questions when I return home. Thanks for your help in advance!!!
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