It's this legal?

[ulrich042]

hi, my cc account was charged off in feb 03. a CA has it listed as opened in feb 07, my state SOL is 5years, now an attorney filed a judjement as of may 08 in behalf of OC. My understanding is that they can't. should I go to court or try a PFD?

[fender]

If you can prove the DOLA was in feb 03 (print out your credit report).  Go to court and tell them its past SOL.  Slam Dunk!  They are probably hoping you wont show.  They can sue you past the SOL, but they wont win UNLESS you dont show up!

Message Edited by fender on 05-06-2008 08:50 PM

[sidewinder]

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ulrich042 wrote:

hi, my cc account was charged off in feb 03. a CA has it listed as opened in feb 07, my state SOL is 5years, now an attorney filed a judjement as of may 08 in behalf of OC. My understanding is that they can't. should I go to court or try a PFD?

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ulrich......as mentioned in the other thread, CAs are filing suit under "breach of contract" which is a 10 year SOL in Missouri.

I don't know if you can argue that it should be under "open" accounts and be only a 5 year SOL.

Search Capital One and Missouri on these forums or on google. A recent case was just over this, but I don't remember specifics.

[sidewinder]

Ok here is a link that explains the case.

From what I understand........since Capital One could not produce any writtten documents with signature, they were barred for suing as "breach of contract"

http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&message.id=77343&query.id=473...

[fender]

As long as you sign nothing, the SOL remains open account.  They cant get you for breach of contract unless you agree to a payment plan with them, and sign it.