being sued for credit card debt

[cbreglia]

I would like to know if using the statute of limitation as a defence would it be me (defendent) who will need to provide proof that the statue expired?

 

[Michael Wechsler]

I would like to know if using the statute of limitation as a defence would it be me (defendent) who will need to provide proof that the statue expired?

If you are using any statute of limitations defense then you need to show that the (1) statute of limtiations applies and (2) that it expired.

 

[SupaFly10579]

What do you need to show that the SOL applies and what would be sufficient proof to show when the account went deliquent?

What resets the SOL in NYS?

 

[Delima]

When does the countdown begin. Also when your credit report states chargeoff. Can a collection agency buy this account?

 

[Barbara_Mccullo]

I am being sued for credit card debt by a third party collection agency. I even have a court date coming up very soon for a Motion for Summary Judgment. I was told that I should go, even though I don't have to, in order to explain my side to the judge. It looks like the debt was charge off on 9/26/2002. charge off account $2,934.49 and finance charges charge off amount $1.561.49. It looks like the last payment made on that acount was probably around June of 2002. I had requested that the debt collection company give me three things...proof that they had been assigned this debt,m complete payment history start with the original creditor. The history was to include all interest and fees, thje amount of the debt when assigned to the collection company, and the fees added by the collection collection company with appropriate explanation for the same , and a copy of the original signed loan agreement. They replied with partial information on December 1st 2006, 6 months after my letter was sent to them requesting this information. Finally, the court itself sent a letter stating that if nothing has been done by the end of April, then this case would be dismissed. However, the collection agency ran down and got a date for trial and pretial set, and this is where I stand. In the suit and discovery, they are, in addition, asking for 900 in court costs, attorney fees, etc. to be tacked on to this debt. I, at one time made settlements with all the other credit card companies years ago. So, on my credit history there are three other credit card companies that it shows settlement accepted on my credit history. This last creditor, as I remember, would not negotiate at the time. Then it was passed on to debt collector, after debt collecter. Now, I am no longer in a position to make a settlement paying off a larger amount. I don't have the job that I had, and I am unable to pay more than $50 per month. I certainly don't want them to pile finance charges, court costs, and more. I will probably be dead before this debt is paid off. I have not had any credit cards since 2002. I am through with that nightmare. This problem just popped up after so many years. People have told me not to keep trying to pay this debtor small amounts over the years. They said every time you pay a penny , it starts all over , and keeps the debt current. I only got partial information sent to me, so I don't know the exact date of the last payment made. What advice can you give me , and can you tell me what to expect will happen. My state is Texas