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What are my options after BOP?


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I had a warrant in debt court date. I have now received the BOP. It states that the last payment on the account was received on 1/10/2008. SOL is 3 years for this type of account which would be 1/10/2011. They sent this paperwork before this date but court wasnt until 2/2011. Is this still considered past SOL?

Background on me: I have not worked and been unable to pay since 1/2008. I have no income besides child support and my husband has the only income in our account and its not his debt and it was before we had met. I have a car that is in my mothers name first AND my name second.

They included statements from the OC Chase Bank USA, N.A., but not from a zero balance (they state that the account was opened on 7/1/2006, but statements are from 12/2006.

So can I use SOL on this? Should I take it to court or should/can I try to settle before, even though I have no way of paying anyways? Any help is greatly appreciated.

Thanks

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Guest usctrojanalum
I had a warrant in debt court date. I have now received the BOP. It states that the last payment on the account was received on 1/10/2008. SOL is 3 years for this type of account which would be 1/10/2011. They sent this paperwork before this date but court wasnt until 2/2011. Is this still considered past SOL?

No, they have the case filed timely. SOL would not be a successful defense based on the information you provided.

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Actually I would invoke SOL in your defense. Do you know that the 1/10/2008 date is acurate? It would not be the first time that some JDB or CA made up a date that fit the SOL timeline. It appears to be close enough that I would challange it myself.

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