Being Sued...Help!!!

[gabbygirl99]

Good Morning All,

An attorney contacted me yesterday about an old student credit card that I used to have. She told me that the last payment that was made on the account was July 18, 2004 (card opened July 2002) and after doing a little research I discovered that the SOL in both the state that I live in and the state where the debt occured is 3 yrs. The only problem is I'm not sure where to go from here now that I know the SOL has passed. Should I contact the attourney and inform her that I know this or should I contact a lawyer (not sure how much these types of lawyers cost) and have them deal with it. Any sugguestions are greatly appreciated!!!

[Anonymous]

Did you get an address?

Send a DV letter-

threatening to sue without actually doing it is a FDCPA violation.

Also what states are involved- as some states courts have established Credit Cards as written contracts.

---

gabbygirl99 wrote:

Good Morning All,

An attorney contacted me yesterday about an old student credit card that I used to have. She told me that the last payment that was made on the account was July 18, 2004 (card opened July 2002) and after doing a little research I discovered that the SOL in both the state that I live in and the state where the debt occured is 3 yrs. The only problem is I'm not sure where to go from here now that I know the SOL has passed. Should I contact the attourney and inform her that I know this or should I contact a lawyer (not sure how much these types of lawyers cost) and have them deal with it. Any sugguestions are greatly appreciated!!!

---

[Anonymous]

Be Very wary of Lawyers that "call" -

[gabbygirl99]

The debt was established in TN but I currently live in MS and the debt is not currently on my credit report. She said that the OC would be filing with the court 7/15/08 and that they may have a settlement offer (she wouldn't give me any specifics on the settlement b/c she claimed she had to speak with a manager) but I am affraid this will restart the SOL.

Timothy wrote:

Did you get an address?

Send a DV letter-

threatening to sue without actually doing it is a FDCPA violation.

Also what states are involved- as some states courts have established Credit Cards as written contracts.

---

Message Edited by gabbygirl99 on 07-08-2008 07:06 AM

Message Edited by gabbygirl99 on 07-08-2008 07:07 AM

[Anonymous]

Credit cards are cconsidered as open contracts in most states-
 
State laws and courts in
AZ, FL, OK, MO and IL have been enforcing SOL on credit cards as contract law-

These look like 3 and 6 year SOL's-  you may want to call the MS AG on tolling- to see if the SOL in TN stopped when you left.

---

gabbygirl99 wrote:

The debt was established in TN but I currently live in MS and the debt is not currently on my credit report. She said that the OC would be filing with the court 7/15/08 and that they may have a settlement offer (she wouldn't give me any specifics on the settlement b/c she claimed she had to speak with a manager) but I am affraid this will restart the SOL.

Timothy wrote:

Did you get an address?

Send a DV letter-

threatening to sue without actually doing it is a FDCPA violation.

Also what states are involved- as some states courts have established Credit Cards as written contracts.

---

Message Edited by gabbygirl99 on 07-08-2008 07:06 AM

Message Edited by gabbygirl99 on 07-08-2008 07:07 AM

---

[Anonymous]

I think there's still some battling or confusion in Missouri concerning SOL. I've been watching Missouri's Attorney General web site. They have a Q&A section and the person who answers (Travis Ford, Consumer Educator for Attorney General Nixon) frequently tells question posters to file a complaint with the AG's office when being threatened with legal action past the 5 year mark.

Here is a recent Q&A from May of this year:


Question - May 18, 2008 11:12 am

how long can a sheriff come to your door to serve you with summons for an old credit card debt, and do you have to answer? and can they give it to anyone who answers the door?


Answer - May 19, 2008 9:47 am

To Douglas:

Missouri has a five-year statute of limitation on credit card debt. As for the other two questions, you'll need to consult your lawyer on that.