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Statute of Limitations


chelseagirl
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The SOL starts ticking when you missed your last payment. How do you know that the card was charged off in 2004. I hope thats through your CR. The same CR also states when the DOFD/DOLA first occurred. Thats when your SOL started. Probably it will be 3-6 months prior to Charge Off.

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The collection agency (lawyers) that are suing me, called today to see if I would offer a settlement payment so they wouldn't have to go to court. They told me the credit card (Cap One) was charged off 11/2004. I was really hoping it was SOL. But SOL in Pa. is 4 yrs. Will they get a judgement? I filed my answers and defenses at the courthouse when they sued March 3, 2007.

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I'm no pro or anything but from reading many hours at CIC my take is:

Don't just take the word of the CA. Does your CR show TL for Cap as a chargeoff?

You say you filed your answer 3/07 so assuming they filed suit probably in 2/07. That would mean that your DOFA/DOLA would need to be before 2/03 for it to fall out of the SOL.

Maybe some of CIC's "experienced" could tell you what kind of defense you might have since your wouldn't be able to use SOL:confused:

Good luck 8]

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go to bed.

http://creditboards.com/forums/index.php?showforum=37

Read all of that tomorrow afternoon when you finally wake up. You'll have to register an account with them to see it all, and make sure you don't use any of the free e-mail services to register, or it won't work.

By filing an answer, you are way ahead of most people. The bad guys just want an easy default judgement, and you are denying them that.

They probably can prove what they are saying, but make them. That will give you leverage to negotiate a settlement, especially if you can find something to countersue over.

http://debtorboards.com/smf/index.php?topic=19.0

Register there, and read all of that, too.

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