Statue of Limitations from what date?

Make sure you respond to the court papers with an defense that the debt is not valid as it is past the SOL....yes it is 3 years for open accounts in NC http://law.findlaw.com/state-laws/civil-statute-of-limitations/north-carolina/ You will have to find actual statutues on the state of north carolina site. [
SOL is calculated from the date of first deliquency.

Okay I read it is not the state in which you reside that counts towards the SOL but the state in which the CC company is.Which is correct? My state that I live and opened the account living in or the CC state that they reside? My summons is for in NC.

THAT question I would like to know, too. I live in PA. However....some of my debtors are in other states. For example..Yep, I live in PA. The CC company is in another state. Which one do I go by...MY state or theirs?

They have to sue you in the state that the contract was entered into (generally with CC it is where you lived when it was opened) or the county you now live in.

The SOL is a perfectly good defense and you will need to prove it. Find out how to request through the court that they prove the validity of the debt, their right to collect and that the debt is still in statute.

If you have statements showing when the last payment was made, generally the statement showing your last payment and then a few of the next ones showing no payment. Also if your Credit report shows the date of last activity/payment might also work.

Ok....I get it. The SOL, for the state of PA is 4 years. I DO have CC debts that the SOL has past.

All I have is a credit report showing that the date of delinguency is over 3 years so in my state it is past the SOL.Is this enough? I have nothing else to show the dates.It is past the SOL so how can I still be sued? I have been served the papers already and the lawyers office was aware before filing it was past the SOL but said they still had ways around the SOL and collecting.How can that be?

SOL begins at the date of last payment which may of may not show on your reports? You can still be sued but have an affirmative defense to the suit. You will have to raise that defense in court and have supporting documentation to prove it.

I went back and looked on my equifax report and the collection company has date of last payment WRONG.It shows date of first delinquency being over 3 years which IS correct I have not done anything on it in over 3 years, BUT the collection company shows payments beind made up to last month but no amount.I have never ever made a payment to the collection company and never even spoken to them at all.How can they lie and say I have made some sort of payments? Not sure how I can dispute this info, what should I do?They won't validate the debt and I have no statements or anything so what other options do I have?Am I out of luck on this one now even though they are lying?The papers I was served says I have 30 days to write a written response to the summons, what the heck do I write?Can the court make the company validate the debt?I am still within the 30 days to request validation although I have and they refuse, can the court make them? Seems the only way to show I have neve made any payments at all to them.

You should contact an attorney if they knowingly filed this suit after the SOL had expired then they can be subject to penalties by the court and the bar. You might be able to find an attorney that will takes this on contigency and let the other lawyer pay their fees.

If you don't do the above:

Your thirty days to request validation is void since they have filed suit. Check your local law library they should be able to help you with the response format.

Also check and see if there is a free or reduced legal aid available, generally offered through the local bar association.

Try contacting the Original Creditors and see if they have and will send you records of your account.

While at the law library check on how to request discovery. You want them to validate the debt and the so called "payments" if there is no amount then it was not a payment.

More than likely once you file your response of it being out of SOL they will drop the case.

I would also look into (since you are in to all these forms) filing a counterclaim for abuse of process, or whatever they call it, for filing a suit that is outside of SOL.

Did they verbally say or was it in writing about being able to get around the SOL?

Does your Equifax report show the original debt and what date is shown on that? Also check your other two reports they may show the date of last payment on them from the original creditor.

I've read two different scenarios. SOL begins with the date of first delinquency or date of last payment. Which is it if a payment was made after the date of first delinquency but the account remained delinquent and was never caught up?

I agree.....I would seek professional advice, on THIS one. But, if you DID fight it. Don't YOU have to prove you din't make a payment to the CA? Or, is it the other way around...the burden is on them?

It is my understanding that the payments were made for NO amount. Correct? There for no payment was made.

I guess that really explains things. That was a good way to 'sum it up', CELLULAR. I wonder if you can send copies of the NO payment, to the CB's.

The SOL begins to run at the later of (a) the date the account when into default, (b) the date of last payment, or (c) the date the debtor affirmed the debt.

The SOL is based on the state where the contract was entered into.

Michigan...SOL is 6 years. In my case:
Original Creditor
MR 30 60 90 (whatever MR means?)
Date opened: 1998
Payment: 291E (for estimated?) but no date
Last Activity: January 2002
Date Reported: July 2002
Status: Collection/Charge off
Balance: 14559
Past due: 2152
Responsibility: Individual
(This account fell off my CRs in 12/2007)

Creditor no. 2
Date Opened: 12/1998
Status: Transferred/closed/past due 180 days. 14559
Date of Status: 12/2005
Reported: 12/05
Payment: 0
High Balance: 14559
Responsibility: Individual
Recent Balance: N/A
Recent Payment: N/A
Creditor's Statement: Purchased by another lender

Current Creditor (CA) no. 3
Date Opened: 2/2005
Reported Since: 2/2005
Last Reported: 8/2008
Status: Collection account 20279 past due as of 8/2008
Date of Status: 2/2005
Terms: 1 month
Monthly payment:0
Credit limit/ High balance: 11961
Responsibility: Joint with (ex-wife)
Recent Balance: 20279
Recent payment: 0
Scheduled to continue on record until 10/2009
Account previously in dispute-now resolved, reported by credit grantor

So, what does everyone make of this?
After I received the 'proposed consent judgment' in the mail,
I immediately sent the CA and their attorney a CLRRR stating that I still dispute this debt so how has it been resolved? Also reminded them of the SOL. Should I send a copy of this letter to the CB as well...or wait and see if they actually file a bona fide summons within the 91 day limit?

Is the CA collecting for the 1st or 2nd debt.

The first SOL has expired.

The second hasn't.

Affirmed the debt how...by what means?

Sorry if I wasn't clear, cellular. All three of the above are for the same debt with the same account number. Someone told me that at some point Creditor no. 2 had acquired all of creditor No. 1 accounts...Bank merger? I never received any contact or correspondence from No. 2