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Discover Judgment and SOL


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I have an old Discover Card, last charges were in 1995. I went over the credit limit with late fees etc. in 1996. Is that when the SOL started ticking? I have stuggled to make payments but was never able to get back under my credit limit. Is that not a breach of contract to start the SOL? I just got a letter giving me 2 days now to settle or they get an attorney and a judgement against me. I am in Michigan and the SOL is 6 yrs. What do I do now, buy more time and placate them with payments I can't afford? What do I do next? Thanks!

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The SOL starts ticking the day you made your last payment. Same exact thing happened to me. I kept making payments sporadically and they kept adding on late fees and over-the-limit fees until I finally gave up and stopped paying them. After they laid low for a year while I was unemployed, the slapped me with a lawsuit as soon as I got a job. These guys are the biggest jerks on the planet. They also hire the jerkiest, meanest lawyers they can find. If I had it to do all over again, I would've begged or borrowed money from anyone I knew to get them to call off thier goons. I'm trying to fight these guys off right now. They're pure evil!

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If the LAST payment you made to Discover was in 1996, with a 6 year SOL, the SOL expired in 2002 ! They can't just get a judgment, they have to sue you and go thru the entire legal process. If the SOL has run out, you have a 100% affirmative defense for getting this thing dismissed and they CANNOT legally sue you. So, if you meet the conditions for the SOL, send them the following cease and desist letter, the debt is time-barred:

http://community-2.webtv.net/Y-Chat/WhyChatsCredit/page3.html

The state statute you need to fill out the letter is on that same site.

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I did make partial payments sporatically up til Feb 2003. From what I read, these types of payments do not count to reset the SOL clock after you have breached your contract with the Creditor. I have not charged anthing on this card since 1995 and started missing payments in 1996. I have been over my credit limit since 1996. My charge priveledges have been gone for several years now. Discover is charging off my account 60 days from my last partial payment. The clock for SOL should have started in 1996 when I violated the contact and went over my credit limit and never got the account back down to the allowed charge amount. Thanks for the website!

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