sampo24 Posted March 16, 2005 Report Share Posted March 16, 2005 I got a letter recently from Cavalry, stating that they are collecting an old debt on my MBNA credit card. The debt was delinquent in September 2000 and was charged off by MBNA in January 2001. Now today, I get a letter from an attorney stating that Cavalry has referred the account to him. The rest of it is basically stating that it's an attempt to collect a debt. There's nothing stating that they are filing a suit. To make it worse, the original debt was $7,600. This letter is now saying that there is an accumulated interst to date of "$1,260.50 and continuing." Is that legal, considering the account was charged off back in 2001?Also, does the statute of limitations apply to the state you were in when the account was charged off in, or the state you reside in currently? I lived in South Carolina then, but am now in New York.Thanks for any help...sampo Link to comment Share on other sites More sharing options...
Brandogyrl Posted March 17, 2005 Report Share Posted March 17, 2005 I believe statute of limitations applies to the state where the debt originated. If the creditor were to attempt to sue, depending on the laws of the state you are in and were in, they have a choice to sue in whatever state has the longer statute of limitations. Link to comment Share on other sites More sharing options...
divemedic Posted March 17, 2005 Report Share Posted March 17, 2005 No, the state must sue you where you reside. Chances are this is a JDB or a CA attorney. DV him. Link to comment Share on other sites More sharing options...
sampo24 Posted March 17, 2005 Author Report Share Posted March 17, 2005 Thanks for the help so far.What about the interest the letter says I'm still accumulating? That can't be possible if the account was charged off years ago, can it? Link to comment Share on other sites More sharing options...
Guest Posted March 17, 2005 Report Share Posted March 17, 2005 DV this attorney ASAP.Yes they can continue to charge interest BUT they must be able to PROVE they are even allowed to charge the interest and most of them cannot do it.Send the DV letter with the Limited C&D and see what happens Link to comment Share on other sites More sharing options...
score booster Posted March 17, 2005 Report Share Posted March 17, 2005 If the original debt was an interest bearing account, then yes they can keep the juice running. I'm sure there's a provision for this in your original MBNA disclosure. Link to comment Share on other sites More sharing options...
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