Being taken to court for an out of SOL credit card debt

Date: Sun, 08/27/2006 - 23:55

Submitted by work_athome_mom
on Sun, 08/27/2006 - 23:55

Posts: 27 Credits: [Donate]

Total Replies: 2

I previously had a discover card account that some collection agency bought. I was taken to a pretrial court a few months ago to meet with CA and try to work out a pmt plan. I told CA attorney the debt is out of sol. He insist that it wasn't and said we can go to trial, so i told him fine, because I wasn't going to settle on a debt that was out of sol. I sent them paper work to validate the debt that they bought from discover card and i have yet to get any debt validation such as when the account was opened etc. I also submitted a motion for the case to be transferred to my local county since the pretrial i attended was like 1.5hrs from where i live. It's been several months later and today I got a letter in the mail for a trial in oct about the said debt. Why would they still try to take me to court knowing darn well the sol has passed. I'm still waiting for validation of the debt. This recent letter I recieved from them, says "motion for final summary judgement". then they have 3 pages with min pay due (i guess a copy of my statment from discover) but thats about it. How can i get the court to throw out this trial without having to actually show up at court? Thanks for any assistance you guys can provide.

Are you confirmed that debt is out of the SOL? Try to get a stat

Are you confirmed that debt is out of the SOL? Try to get a statement from the original creditor so that you can show it in the court as proof?

You must also send something in writing to the CA about the expiry of SOL through certified mail. You will need the receipts to show in the court. I assume the CA is waiting for one wrong move from your side. As you are thinking not to show up in the court, they will try to get a default judgment on this against you. When you have everything to your side, show your presence in the court and explain everything to the judge. This time, the judge will like to rule out the case for ever.

lrhall41

Submitted by aciotsf on Mon, 08/28/2006 - 10:31

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There's a post here somewhere,can't find it,from LCW or Mike,I b

There's a post here somewhere,can't find it,from LCW or Mike,I believe on court and sol. If I am now mistaken,I think they said you have to also supply the court with something about it being out of the SOL period.The court will not take time to firure if it is or not.Maybe whoever posted this info can clear it up.Good Luck :D ...Karen

lrhall41

Submitted by Bossy4455 on Mon, 08/28/2006 - 10:43

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