court questions

[jesterx]

if a creditor takes you to court for cc, what date can be used to justify SOL at the pretrial hearing? the date the summons was served or the date of the pretrial? with the couple months between the summons and the actual pretrial date, using the trial date would add a cpl months to your favor it seems.

Also if your cr lists an account with a balance of $2,469 that states account charged off. $1,976 written off.

Can that creditor sue you for $2,469 or just $493 the difference between the write off and the outstanding balance? if OC sues you for $2,469, would that be considered double dipping?

thanks for any and all responses

[Methuss]

Date: neither. It is the date the action was filed against you.

They can sue for any unpaid balance, written off or not. If they manage to get funds for a written off amount, they simply report it to the IRS and have to pay back any tax credit the obtained from the write-off.