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 Posted: Tue Apr 10, 2007 10:23 pm |
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I have been served with a Notice of Hearing; Proof of Service dated 4/4/07 for an unpaid credit card debt. I understand that the statute of limitation for a credit card debt in CA is four years. How do you exactly calculate this four years? Is the start date of the 4 years based on the last payment I made on this card which was 3/20/03 or when the check cleared on 3/25/03? And when is the end date of the 4 years? Is it 4/4/07, which is the date of the Notice of Hearing? If everything is correct, it looks like my case is just a tad over 4 years. Can I raise the statute of limitation as an affirmative defense? Please help!
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grace
Joined: 10 Apr 2007
Posts: 3
Debtcc Points: 132
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| Posted: Tue Apr 10, 2007 11:54 pm |
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I suspect that the case would have actually been filed in February or March, so I doubt that the SOL will be an effective defense. Check with the courthouse to find out when papers were filed. I believe that the SOL goes back to the date last payment was recieved.
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Morningstar
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Joined: 06 Feb 2007
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| Posted: Tue Jul 03, 2007 11:31 pm |
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what is the sol in collectinf credit card debt in illinois
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rozina1
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Debtcc Points: 100
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| Posted: Wed Jul 04, 2007 2:10 pm |
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SOL in IL is active up to 5 years from the last payment date on your account.
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Bony
Joined: 22 Oct 2005
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| Posted: Thu Jul 05, 2007 7:39 am |
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Does the SOL timer restart if you confirm the debt in some other fashion than just making a payment? For example if a collector calls and you tell the collector the debt is yours but do not make a payment does that reset the SOL date?
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DOLLARSandSINCE
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