How to Prove Expired SOL??

[Detfightor]

Hi all,

My fiancee has an old CC account that went deliquent in May 2000. This account was sold to A$$et, who routinely sends settlement offers.

I know that we don't have to pay anything since in California, the SOL is 4 years. But, how do I prove this should they try to sue? Is a credit report considered adequate evidence? How about old bank statements? Has anyone had luck getting confirmation of deliquencies from the original creditor?

I know the burden of proof is on them, but you never know what to expect so I want to cover this base before sending any kind of C&D letter.

[credit_on_mars]

Being less than expert here the only way I would use is by the credit report from Equifax, since they list the Date of Last Activity (DOLA) and that should be the starting point for the SOL count. The other two CRA's do not list the DOLA and you would have to write and ask them for the information. Just my limited 2-cents.

After 66 years I have learned not to trust what other people say about burden of proof, especially in our legal system that IMHO is corrupt to the bone with half-wit judges and greedy lawyers. My advice, as I rendered to myself in court, is to being along proof to remind them the other side if they being doctored documents.

[tufftub]

I know that we don't have to pay anything since in California, the SOL is 4 years.

Expired SOL doesn't mean you don't owe the money. It just keeps you from getting a judgement against you. The debt can be sold time and time again, and you will have to deal with each new debt collector.

Anyways -- expired SOL is a defense you'd have to bring to the table if a company decides to take you to court. You can use old bank statements, or old CC statements to show last payment made.

[Robert Nashville/Savannah]

Your fiancee's financial records should indicate when the last payment was made on the account (and threfore, when it went deliquent can be assumed to be 30 days later); the OC's records shoudl support that as well and any statements/letters from the time of the deliquency will be helpful in building a casw.

Should a suite arise, yoru fiancee's affirmative defense will be that is it past the SOL (based on his records); it woudl be up to the plantiff to prove otherwise.

Bottom line is, whoever has the best records and whoever has the most convincing evidence should win the day...in other words, the judge shoudl believe whoever makes the most convincing case about the SOL.

Also, I would not hang my whole case on the SOL if you can avoid it - you need to find other deficiencies in the plantiff's case in the event the judge finds that the SOL hasn't expired...so you need to be careful how you respond...don't just say it's past the SOL; cite the other problems and then say, even if it were otherwise his debt, and otherwise legally owed, it's past the SOL and therefore unenforceable in court, etc.