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need help with judgement

ulrich042
New Member

need help with judgement

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.
Message 1 of 6
5 REPLIES 5
Moderator Emeritus

Re: need help with judgement



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.


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
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Message 2 of 6
ulrich042
New Member

Re: need help with judgement

they just filed and it's a cc
Message 3 of 6
ulrich042
New Member

Re: need help with judgement

I have not answered yet cause not sure what to say
 
 
Message 4 of 6
Moderator Emeritus

Re: need help with judgement



ulrich042 wrote:
I have not answered yet cause not sure what to say
 
 


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.
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Message 5 of 6
Chanduwar
Frequent Contributor

Re: need help with judgement

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.
Message 6 of 6
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