Jump to content

What Do I Need To Prove Debt Is Outside Sol?


Recommended Posts

If you get sued, and the account is beyond SOL, you raise the SOL as a defense and make them prove it's not. When you're in a courtroom it's all about the rule of law. It's not even really a question of you owing a debt or not; in a courtroom it's about the plantiff proving their case. You gotta know your rights when you enter a courtroom and make them prove everything. Just showing up is half the battle. BUT if you have paperwork proving the SOL has expired, so much the better.

Your credit reports should show the date of last activity for the account, but CAs and JDBs like to get creative with those numbers. It'll help if you know when the last payment was made or if you have a copy of your credit report showing the correct DOLA. If they have falsified your report, make them show the court proof of a payment made by you at the DOLA they claim is correct.

Link to comment
Share on other sites

How can I show when the debt became delinquent other than a credit report? What other documents can I use to prove the SOL has expired?

I don't know about orally resetting the sol in NYS, but I may have screwed up b/c when I first called the TRASH at the CA I admitted to the debt.

I appreciate everyone's help.

Link to comment
Share on other sites

I think you have to actually hand over money to restart the SOL. That issue was discussed somewhere here not long ago. Do you know that the SOL has expired? Is it a credit card debt? Did you keep your statements showing when the account went delinquent. If it's a credit card they will give you a running count of the length of delinquency on your statements.

Link to comment
Share on other sites

I never paid on the credit cards since I got them. I know the SOL has expired.

I don't have any of those statements. It was so long ago.

The credit card company will give me a statement of this even though the CA has it now?

Red...I have to re-read your comment, because I don't understand legal lingo.

Link to comment
Share on other sites

Don't admit or acknowledge anything! Let them prove that the debt is yours and show when the date of last activity was. I've had 'no recollection of that account' in court before. Every time the judge asks the CA for proof, they either don't have sufficient documentation or they don't even bother responding, either way I win.

Link to comment
Share on other sites

I did not DV the collection agency. And I have gotten collection letters from them before, but never responded.

I'm going to the show cause hearing Friday and I'm nervous as hell. I got a copy of the judgment but what the hell else do I bring besides that and my credit report? I'm scared!

Link to comment
Share on other sites

Relax. The burden of proof is on them, not on you. You do not have to prove anything.

If it makes you feel better, call the OC and get the DOLA and charge-off amount. They will probably refer you to the first CA they sold it to, but if you insist, they should be able to tell you what you want since they already wrote it off their books as a loss. They got nothing to lose.

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.