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Old 12-04-2008, 01:40 PM
Anonymous
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Default SOL AND COURT JUDGEMENTS?

Are you safe from a court judgement against you if the sol for the credit card is over?

I'm in the process of writing a DV for this debt...

I just wanted to know how a judge would interpret that.....any thoughts on how i need

to defend myself (if it got to that level)

the sol in my state is 5 years and the 7 years is almost over (for credit report removal purposes)

thanks!
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Old 12-04-2008, 02:56 PM
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If they filed suit before the end of the SoL date (date the last time you used the card or date of last payment) then it would be valid. If they filed after that then it you will be able to get it dismissed.

Remeber though, that the debt is still collectable after the SoL expires, the SoL only protects you from legal action when it is expired. Even after it falls off of your credit report they can still make inquiries, which hurt your score.
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Old 12-05-2008, 05:15 AM
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Ok. thanks..

On the credit report it says that the last payment was in 2002... so the SOL has expired..

I just have another year before the thing is removed from my credit report.

....I will still send them the DV....and I plan on filing a complaint with attorney general because of an fdcpa violation--after they respond to it... (release info to 3rd party)
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