Re: Drew again

Posted by Drew (24.59.27.46) on October 24, 2003 at 15:07:09:

In Reply to: Drew again posted by Papertrail on October 24, 2003 at 14:51:57:

THe four years is gone. WHy wouldn't they satisfy the six years. All you have to do is bring in your paperwork and bring in a copy of Ohio Statue of limitations in. You are also really close to the 6 year statue of limitations. For credit card purposes, don't they have to sue in the state you are living in?

If you recieved a collection letter dated 10/96 then even at the six year mark the SOL was 10/02. With charge off date of 3/97 at 6 yr statue of limitations, you are still passed the SOL since 6 years plus 97 would put you at 3/03. It is 10/03 a full seven months past the SOL for charge off.

When did they file the suit? August 03. That is five months past the SOL using the charge off and almost a year past the statue of limitations using the 8/96 SOL.

Bring in a copy of your states SOL for the debt and the copy of your work. Even at six years, unless they filed a lawsuit before the six year mark of the charge off date (even if they wanted to use that one and argue it which they can't), they would have had to file in 3/03.

From what you told me, they filed on a time barred suit.

If you have all this paperwork, bring it with you and also bring with you the copy of the six year statutes for backup, but I am not sure it is legal to file lawsuit in one state and use another states's SOL to stick it to the consumer. I would check with the lawyer.

Your response should be past SOL. Now you can also make a motion to dismiss based on its past SOL. You can also file a countersuit for harrasment for filing on a time barred debt. I would ask WhyCHat and consult an attorney on that.

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