Free throw at the buzzer

[cybercrusader]

In putting together some information to appeal a judgment brought on by debt collector, I find out that the collector alleges that the last payment I made on the account (which, by the way, has still not been validated) is the same day the suit was filed against me, only 4 years later.

Since the SOL in my state is 4 years for these types of debts, it appears that the debt collector filed suit at the buzzer, so to speak. Since we are splitting hairs with this issue, I'm wondering exactly when the SOL runs out. Is it the date of the last check, when the check is paid or mailed or what? Also, for SOL purposes does it matter when the suit is filed versus when it's served?

C>

[Edit by cybercrusader on Thursday, February 27, 2003 @ 10:07 AM]

[IronMan]

The SOL is done 4 yrs after you went into default (stopped performing on the obligation). The other party would have 4 years to bring judgment to enforce.

You should check you state's civil code or contract law for specifics on the specifics of the SOL clock. Other mitigating factors could alter that. (i.e. you sent in a payment 3 mos later, etc).

Cheers!