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Can MBNA still sue me?

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PostPosted: Fri Jun 15, 2007 2:43 pm

I have a charged off account with MBNA that is supposed to fall off my credit report on 10/2009. I really haven't heard anything from the CA either or any phone calls in the past 5 years. The amount with the late fees and interest at the end made it a around 6k. I would like to take of it, but realistically I have medical bills that are more of a priority because they are still being currently updated as derogatory.
joshua1987tree



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PostPosted: Fri Jun 15, 2007 2:48 pm

What state are you in? What was the date of last activity (the last payment or charge on the account)?
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PostPosted: Fri Jun 15, 2007 3:40 pm

The last payment I made would probably have been back in February or March of 2004, but even then it was severely delinquent. I live in Wisconsin.
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PostPosted: Fri Jun 15, 2007 4:58 pm

Making any payment will reset the clock on the SOL. The SOL in WI is 6 years on credit card debt. So, yes, they would be able to take you to court for this. If you have been contacted, you may want to send a DV letter to confirm the date of last activity they show in your file. You could then try to make payment arrangements you can afford with the creditor. There are sample hardship letters you can use if you only have a small payment arrangement to offer. I would strongly advise if you have been contacted to begin the DV process, then begin at least some small payments to avoid a potential lawsuit.
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