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Proof needed in court to prove SOL?


prorec
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Does anyone know if a credit card chargeoff with the date of last payment of January 2003 is now outside of the SOL? For example, would January 1st be the 4 year mark or would it be February 1st? The first 30 day late on the credit report is March 2003 and it was a chargeoff account 6 months later. No further payments were made after Jan 2003 to either the original creditor or to the CA.

From reading the message boards, it sounds like a credit card chargeoff is outside the SOL after 4 years (in Texas) from the date of last payment or use of the card. Would credit card statements from 2003 be needed to prove the date of last payment and activity, or would a credit report showing that Jan 2003 was the date of last payment suffice in court?

Thanks for any feedback!

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If it was 30 days late as of March, that means you missed payment in February, which means the clock likely began to run in February.

It's to the day, not the month. So if the clock started February 15th and you're sued February 1st, it's within SOL.

If you don't have any statements of your own, you'll have to get them in discovery to prove when SOL started to run. You'll also need to bone up on any events which cause SOL to toll.

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