Sol

The date that the suit was filed.

SOL starts from when the debt first became delinquent. Many people try to use the date of last payment too. But the date the debt first became past due is the start of the SOL. Also, what state are you in? Each state has their own SOL laws.

If your SOL in your state is 4 years, for example, then this debt will be outside that SOL if the lawsuit was originated more than 4 years after the date of first delinquency.

the law suit was filed in august of 2009.....the debt is from 2003 in nov.....so is the date when the law suit was file or court date...I live in WI it is 6 years here

It is when the suit was filed. Do you know exactly when the debt defaulted? You said it is from 2003 NOV, is that when it defaulted or when you stopped paying?

yes that when I defaulted....the card was sold to collection agencies at that time 2003....in 2007 it was purchased by the company suing me....I have a statement from the collection agengy from 2007 stating what collection company they bought it from I believe it was sold a few times....I admit I owe but not to this company

Then you should demand the chain of custody during discovery. It sounds like they may have filed just inside the SOL...BUT you can still demand all documented proof you owe during discovery. If they can't provide it (and if it changed hands many times there is a good chance they have nothing) then you can get it thrown out. They may produce an Affidavit. Object to it as hearsay! You have the right to question the signer on how he/she has personal knowledge of said account.

Besides, you only want to invoke SOL as a last ditch effort because if the debt is over $600 you will get slapped with a 1099 and have to pay taxes on it.

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