Jump to content

Just Served


Recommended Posts

I was served Monday of this week. I'm being sued by a CA for Providian credit card. The last payment I made to the original creditor was in Nov 2001. I have a demand letter from Dec 2001 from Providian. TX is a 4 SOL. Does the SOL apply to the last date of payment? Also, where can I find a sample letter to respond to the court. I only have 10 days to due so.

I have been researching online since about 10 this morning. I am finding infomation on how to vacate, but not how to respond.

Can you help?

Link to comment
Share on other sites

SOL starts 1 sec after midnight of the last day of the month BEFORE adverse action is taken.

So on your CR's what month was the 30day late reported? Im going to assume... DEC 2001, meaning SOL began 1 sec after midnight NOV 31 2001 for you. +4years = beyond SOL, action is time barred.

You would Motion to Dismiss, based on the fact the action is time barred and the court has no "subject matter jurisdiction".

You must first make very sure there are no caveats in your state law. I know Florida and Texas have issues about admitting to the debt in an effort to prove SOL actually bypasses the SOL protection.... how FK'd up is that!!!

So research your state law on SOL, find caselaw for the state on SOL etc.

________

Gladiator

Edited by uwackme
Link to comment
Share on other sites

If the complaint was filed AFTER the expiration of the 4-year SOL, then SOL can be used as an absolute defense. It can take up to six months for service of process to be completed! SOL generally is timed from the date of the last payment in most states. Credit reports are not always accurate in determining correct dates, etc.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.