need help with judgement

[Anonymous]

hi, let me go straight to the point, I have a closed account with a balance of $2300 with bank of america. account was closed in feb 2003. I'm now being sue by an attorney in may 08. I live in MO, SOL is 5 years.can someone please tell me what i have like options for the best outcome.

[Anonymous]

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ulrich042 wrote:

hi, let me go straight to the point, I have a closed account with a balance of $2300 with bank of america. account was closed in feb 2003. I'm now being sue by an attorney in may 08. I live in MO, SOL is 5 years.can someone please tell me what i have like options for the best outcome.

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If it falls under a 5 year SOL, unless you did something to reset SOL, it appears SOL has expired.

What type of an account? CC, checking?  Some CC are suing as a "breach of contract" which has a 10 year SOL.

Did they just file the summons? Have you answered?

Message Edited by sidewinder on 05-06-2008 07:00 PM

[Anonymous]

they just filed and it's a cc

[Anonymous]

I have not answered yet cause not sure what to say

[Anonymous]

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ulrich042 wrote:

I have not answered yet cause not sure what to say

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Call the county courthouse and ask how long you have to answer.

I'd look for a consumer attorney in your area, most will provide a free consultation. Take your documents and find out if CC are under the 5 year SOL or if they can legally sue for breach of contract and use the 10 year SOL.

[Chanduwar]

Hi,

Look at this site:-

http://www.bankrate.com/brm/news/cc/20040116b2.asp?caret=8

the SOL in MO for CC's are 5 years.

See if you can find a free attorney. If not I would send a DV letter as reply, asking them to prove the debt, along with a proof of debt not passing the SOL. In other words, I would ask for full Media Validation of this debt.