Comments on: Statutue of Limitations On A Debt – It May Not Depend on Your State

By: jennifer

jennifer — Wed, 04 Feb 2009 19:09:50 +0000

I need help a lawyer is suing me for a Capital One account. I have not paid the account in our 3 years, but its 10 years old. I want to use this statute of limitations thing according to the cardholders contract and the VA state SOL. The problem is I have no old contract. Is there an address or phone number for Capital One where I can write or call for the agreement/ contact to prove the SOl according to it and not my states SOl ( I’m in RHode Island). I ‘m beoinfg told R.I. is 10 years by lawere is that true, your link says 4 years for open ended accounts.How do I verify this. need help going to court in 2 weeks. The lawyer got a validation request demand letter from me certified mail asking for the contract and agreement. I received nothing. I tried to ge tlegal help, but all the lawyers say I can’t afford them. Need the addres and phone numbers for capital one to find out about copies of the contract , last 6 months of charges on account and wo is really suing me, I doubt this one…I think it’s TSYS in georgia. The notary seal is also expired. Can I get the case dismissed as a result of notary seal expired? I don’t even know if seal is required in Rhode Island. help please.

By: Kristy

Kristy — Thu, 20 Nov 2008 17:40:00 +0000

There has been case law which ruled that the SOL starts 180 days after the date of last payment, some which starts date of first missed payment.

I agree it’s confusing. I always tell people to err on the safe side when calculating the SOL.

By: B.D.

B.D. — Thu, 20 Nov 2008 17:12:25 +0000

Kristy: I’m curious where you got the idea that the statute of limitations does not begin to run until 180 days after the debt is charged off. Generally, the SOL should start to run when the account terms are breached, which in most cases should be when the first payment due is not paid (that is, the due-date after the last payment the debtor makes). Do you know otherwise?

Forest: If you are sued over a credit card, you have the right, during that process, to request copies of relevant documents, such as the original application, the terms & conditions of the account, and copies of the account statements. If the creditor does not provide the documents you request, then the court might sanction the creditor for failing to do so (up to and including dismissing the case) and/or the court might deny the claim because the creditor cannot show the signed agreement or the statements reflecting the history of the account.

Jeff: I’m curious what makes you think that Ohio consumer lawyers love this argument. (I wholly agree that they do, I’m just wondering if you found some lawyer discussion or stash of information that might be useful to other folks in Ohio fighting with creditors.)

By: Frederick

Frederick — Thu, 06 Nov 2008 05:01:20 +0000

Actually, quite frankly, the commentary is more interesting messages themselves. (Not to insult the author, of course:))