pastamamma Posted March 15, 2011 Report Share Posted March 15, 2011 I am being sued by a company that purchased an old credit card debt of mine, the last payment I made on the actual account was in October 2000, In RI the SOL is ten years. I have no paper proof of the SOL, I called the original creditor who told me the account was charged off in April of 2001 because my last payment was Oct. of 2000. They were not able to give me anything in writing due to them selling the account after it was charged off. I am currenty awaiting my summons to court, a notice was left on my apartment door for all my neighbors to see from a constable stating he needed to meet with me to deliver some court papers, I might add this was a notice not in an envelope taped to my apartment door for anyone and everyone to see. So I know that I will be getting served soon. How do I respond to this and how do I proceed, I am currently not even in the state I reside in, but was told by a neighbor of the notice on my door. I had not planned on returning to my home state for another month but now I don't know what to do. Any help would be appreciated. Thank youj. Link to comment Share on other sites More sharing options...
BV80 Posted March 15, 2011 Report Share Posted March 15, 2011 According to the following link, the SOL for credit cards is 4 years. When you get the Complaint, file an Answer. Read your state's Rules of Civil Procedure. They will contain the procedure you need to follow. If you can include Affirmative Defenses, the SOL will definitely be one of them. The Plaintiff must prove you owe the money and that it's within the SOL. Link to comment Share on other sites More sharing options...
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