Civil suit for re-aged credit card debt via Midland

[Anonymous]

I have a debt with Midland from a Citibank card that was last active in 2007 - past the SOL. I noticed last year they reaged the account - reporting that I had made a payment, and even sending me a thank you for your payment letter, they deducted $500 - but then a month later it was back to the original amount. They now list that account as active as of that day. 

I just recieved a letter from another attorney - junk direct mail - informing me that a civil suit was filed against me for this account.  

How easy is it to prove that this was re-aged - is the burden on them or me? do they have to show proof of payment from me?  Would it be best to get a lawyer - the debt, will all the fees is over $7000 - I've managed to pay off most of my other debts from that time ( I was laid off for 2 years) but this one just seemed so big I just hid from it :-)

Any advice?

[RobertEG]

I presume your assertion at trial will be that they invented a non-existing payment as basis to reset the SOL, and thus remove that ias your defense?

If you can prove intent on their part, it could be a big-time award.

I would absolutely, positively consult an attorney, as you will apparently be raising a couter-claim of fraud.

Meanwhile, in your response to the court, make sure to assert expiration of SOL as your reply/defense.

Then, at trial, you will have to prove expiration of SOL, and they would then counter by asserting reset based on your having made the payment.

Then it becomes a matter of proofs by both sdes. 

You may wish to assert fraud on their part if they provide an assertion of reset based on your "payment."

It could become a lucrative day for both you and your attorney.