being sued- can i win?
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Posted by pinklady
(69.18.46.18) on July 01, 2004 at 11:34:16:
I was just being served a court paper yesterday. It's about a Discover debt of $1800 ($3300 including interest). This is a very old debt and the last payment date was feb 1999. This Discover account has been charged off in 1999 and bought over by NCO Portfolio Management, Inc Assignee of Discover. I live in Iowa. Plaintiff's name is an Iowa local law office (probably a collection agency too). Is the SOL depends on where i live or where the Creditor live? Iowa's SOL is 5 years. So, the creditor doesn't have right to collect debt from me and not to mention to sue me, is this right? (SOL is based on the last payment date or the charge off date?) I need everybody's advice. Last year, this law office called me, and caught me off guard, so I answered their questions, like yes, i am this person. And they immediately asked me to pay the debt. I didn't know I could just hang up the phone. So, I told them I couldn't afford to pay, and i would prefer them to talk to my lawyer (well, i didn't have one). I didn't talk to them since then. Does it mean that my account has being re-confirmed? (the date of SOL re-set to last year?) Please help. thank you.
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