First post in this section SOL Defense questions

[mithina]

This is my first post in this section. Please excuse me if I am lengthy.

I defaulted on credit cards in TX four years back and moved to Virginia.

I am trying to rebuild my history and found that most of the accounts are past SOL ( TX - 4years) ( VA - 3years).

Q1) How do I know for sure that SOL has past?

A) From my equifax report, I found DOLA. Can just this CReport be used in court if some one sues me??

Q2) what exactly is SOL Defense? whose burden is it to prove that SOL is past or not? ( consumer or the creditor?)

Q3) Do we have any cases where creditors directly sue without giving any notice?

Q4) How often does any one sue for acconts which are past SOL?

[LadynRed]

Q1) How do I know for sure that SOL has past?

A) From my equifax report, I found DOLA. Can just this CReport be used in court if some one sues me??

Maybe. Your best proof would be a copy of the last bill and last check/payment you made and then copies of all remaining billings that show no payments made. Courts go by 'preponderance of evidence' - if you show up with plenty of proof that nothing was ever paid again, you're in a good position.

Q2) what exactly is SOL Defense? whose burden is it to prove that SOL is past or not? ( consumer or the creditor?)

Once you use the expired SOL as your affirmative defense, it SHOULD on the Plaintiff to prove its NOT expired, and to some degree it does. However, I'm afraid the burden of proof still lies with you.

Q3) Do we have any cases where creditors directly sue without giving any notice?

Not sure I understand what you mean by that. A creditor doesn't have to send you a letter saying 'we're going to sue you', although the demands for payment and subsequent letters from attorneys should be a clue. They don't HAVE to notify you, all they have to do is file the suit and have you served with the Summons and Complaint. It does happen.

Q4) How often does any one sue for acconts which are past SOL?

That depends on who's got the debt. ASSet Acceptance sues all the time on out-of-statute debts along with a few other nasty junk debt buyers.

[mithina]

ASSet Acceptance sues all the time on out-of-statute debts along with a few other nasty junk debt buyers

Unfortunately Asset Acceptance is one of the collection agencies thats after me for an upaid Telephone bill. Going by the DOLA on Equifax report, it is out of SOL ( Open Account TX - 4yrs, VA - 3yrs). They sent me a first collection notice on Oct 26th and I sent my first DV letter to them on Nov 13th.

I dont have any other proof that I did *NOT* pay after the DOLA. For that matter, I dont have any documentation whatsoever except for the credit Reports from three CRAS. What should I do if they sue ( which I think they, will going by your statement )

[mithina]

#BUMP#