TIME SENSITIVE: Background story in a nutshell: I got a credit card. I experienced identity theft. I couldn't prove it & so was held responsible for the amount on the card. I made payments as long as I could & had to stop when I was out of work. The account went into collections, & was eventually charged off. At the time I didn't know what that meant exactly, & thought that was the end of it.
Some time later, I got a notice from an attorney saying basically that I was being sued for the balance (plus his costs, of course) & a summons from the court. I wrote my response to the court, as I was instructed to do. The attorney failed to file properly in time. The court clerk told me that as far as that particular case was concerned, it was over & if he did choose to come at me again, he could but he'd have to completely re-file like it was a totally new case for him. Months go by & nothing happens. Then last week I get a letter from the same attorney, along with a summons. The weird thing is, it's an exact copy of the last one I got. It even has "September 2007" stamped on the top of it (no other dates on it anywhere). I thought he had to do a completely new one. But that's just a side point I'm confused on. The main thing here is the statute of limitations. I did some online research & found out that if the statute of limitation has passed, you can still be sued. But if you go to court & show that the statute of limitations has passed, the case will be thrown out. So, my most important question here is: In Utah, are credit card debts looked at as "written contracts" or "open accounts?" Because I know it can vary from state to state. I also know that the statute of limitaions is 4 years or 6 years from the last date activity showing on your card, depending on which one credit cards are in Utah (open or written). Is the "last date of activity" the last date of payment (or charge - but not in my case, since no charge had been made for a looooong time), or is it the last date reported delinquent before chargeoff? If anyone does answer, will you please reference where you got your info so that if it's helpful for my side that I can take in something legitimate if I have to go to court?
THANKS!!!!!!
Some time later, I got a notice from an attorney saying basically that I was being sued for the balance (plus his costs, of course) & a summons from the court. I wrote my response to the court, as I was instructed to do. The attorney failed to file properly in time. The court clerk told me that as far as that particular case was concerned, it was over & if he did choose to come at me again, he could but he'd have to completely re-file like it was a totally new case for him. Months go by & nothing happens. Then last week I get a letter from the same attorney, along with a summons. The weird thing is, it's an exact copy of the last one I got. It even has "September 2007" stamped on the top of it (no other dates on it anywhere). I thought he had to do a completely new one. But that's just a side point I'm confused on. The main thing here is the statute of limitations. I did some online research & found out that if the statute of limitation has passed, you can still be sued. But if you go to court & show that the statute of limitations has passed, the case will be thrown out. So, my most important question here is: In Utah, are credit card debts looked at as "written contracts" or "open accounts?" Because I know it can vary from state to state. I also know that the statute of limitaions is 4 years or 6 years from the last date activity showing on your card, depending on which one credit cards are in Utah (open or written). Is the "last date of activity" the last date of payment (or charge - but not in my case, since no charge had been made for a looooong time), or is it the last date reported delinquent before chargeoff? If anyone does answer, will you please reference where you got your info so that if it's helpful for my side that I can take in something legitimate if I have to go to court?
THANKS!!!!!!
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