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Re: Being sued for old CC debt - need advise, please.
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Posted by Roger
(66.91.144.122) on July 30, 2004 at 16:41:18:
In Reply to: Being sued for old CC debt - need advise, please. posted by cerealgirl on July 30, 2004 at 15:47:57:
I think the SOL in Deleware is 4 years, same as Texas. Do not admit to owing anything or reaffirming the debt.
The SOL would begin to run after you failed to pay. So if you made a payment say last month, it could start a new SOL period in some states. You should tell the court that the amount claimed was allegedly owed on such and such date and that over 4 years has passed so it's beyond the SOL and the case should be dismissed. This should force the CA to come up with proof that the amount owed was only owed within the past 4 years. I don't know that the dates the ca shows on the complaint would show it's SOL. Do they list a date when you were in default? If the default date is more than 4 years before the date teh complaint was filed, you have good proof that they are beyond the SOL. You may also be looking for the date of the last charge on the cc and the last payment you made because presumable after that last payment, another bill was sent to you and you never paid anything after that time.
The ca may ask for a continuance to get proof that you are within the SOL or else the court should dismiss the complaint.
Ask for a dismissal with prejudice so they cannot refile. If it's without prejudice, they can refile.
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