plshelpme1 Posted April 4, 2011 Report Share Posted April 4, 2011 Please help, I received 2 summons last April one with Discover and one with Capital One, I had not made a payment on either since 11/2006. I Had heard nothing on either after sending in my answers till in Oct. I got a letter from the judge dismissing the Capital One due to being over 4 months with no activity but, on the Discover I heard nothing till I got a letter with just a trial date 1st of March, with a june 13th trial date on Discover. My question is from my research the SOL in Alabama is 3yrs for credit cards, it has been way over that,is there anything I can do to get this cases dismissed? Just this past Friday I got another summons on the Capital One, starting that whole process over again. I do not have the means to pay either of these if I lose and will have to file bankruptcy which is what I should have done in the 1st place instead of going with a debt firm that was suppose to get me out of debt in 3yrs but, instead just took my money and did nothing but, ruin my credit and get me the law suits against me.Thank you, Link to comment Share on other sites More sharing options...
thomassl Posted April 4, 2011 Report Share Posted April 4, 2011 Did the debt firm you utilize pay on these cards? In your state, any payments sent will reset the SOL. The SOL for your state is 3 yrs. for open-ended accounts and 6 yrs. for written contracts. Link to comment Share on other sites More sharing options...
plshelpme1 Posted April 4, 2011 Author Report Share Posted April 4, 2011 Did the debt firm you utilize pay on these cards? In your state, any payments sent will reset the SOL. The SOL for your state is 3 yrs. for open-ended accounts and 6 yrs. for written contracts. No, they paid nothing which was the problem, Thanks for the reply Link to comment Share on other sites More sharing options...
BV80 Posted April 4, 2011 Report Share Posted April 4, 2011 Answer the summons and include the SOL as one of your affirmative defenses. Link to comment Share on other sites More sharing options...
plshelpme1 Posted April 4, 2011 Author Report Share Posted April 4, 2011 I did answer both of the summons last year in May with that in there, just not sure if that is not the law why they would continue this knowing it is past the 3yr SOL, are they just hoping I don't show up for court?Thanks Link to comment Share on other sites More sharing options...
plshelpme1 Posted April 4, 2011 Author Report Share Posted April 4, 2011 it's also strange to me that it took over a year to get a court date on the discover card one, when I answered it last May of 2010, and heard nothing till march 2011 with a letter for a trial in june 2011. Link to comment Share on other sites More sharing options...
plshelpme1 Posted April 5, 2011 Author Report Share Posted April 5, 2011 One more question do I need to print off my credit reportThat shows my last payment was 12/2006 andTake with me to show it's past the SOL? Thank you very muchit's also strange to me that it took over a year to get a court date on the discover card one, when I answered it last May of 2010, and heard nothing till march 2011 with a letter for a trial in june 2011. Link to comment Share on other sites More sharing options...
Linda7 Posted April 5, 2011 Report Share Posted April 5, 2011 In Alabama, they will get you with a 6 year SOL for a written contract on credit card debt.An OC usually has all the proof they need in court as their information is still in tack versus being passed hand to hand when you are dealing with a JDB. You need to look at your cardmember agreements. I'm sure they have an arbitration provision. Capital One has in their provision that you can elect it even if you are already in court. You need to immediately file a MTC arbitration and get this out of court and then you can argue the contract's own language and use Virginia's SOL of 3 years if that would help your case. Even if SOL would not help, choosing arbitration on a debt this small could even get the OC to dismiss the case as it will cost them quite a bit in arbitration. It usually costs them "more" to arbitrate than the debt is, so they often decide to walk away. Even if they do decide to arbitrate, because of the costs - it can get you a better settlement offer. Or even if you can't settle and even if you lose, you have lost nothing more than what you would have lost in court if you're faced with a judgment. In arbitration even if you do lose and they get a judgment, they have to go back to court to get it confirmed and sometimes they fail to do this. On the other hand, anyone that has not yet been sued - if you elect arbitration in your DV letter to either an OC or a JDB and they ignore your election and sue you - you have a good violation against them.You need to go to debtorboards where this is studied more in depth. Post where you are with your case and the relevant information. Here is their link - http://www.debtorboards.com/index.php?action=forum Link to comment Share on other sites More sharing options...
plshelpme1 Posted April 5, 2011 Author Report Share Posted April 5, 2011 Thank you, so when does the 3yr on credit cards sol apply?Why even have it? To me a credit card is a credit card?Thanks Link to comment Share on other sites More sharing options...
Linda7 Posted April 5, 2011 Report Share Posted April 5, 2011 I agree, but it is a ploy they use to extend the SOL. Some will argue an open end account is a credit card which would equal 3 years SOL. And it should be as one would argue that a written contract would have to have your signature, so surely that can't be a credit card. But, then they argue that by you using it - that is as good as your signature, so it is a written contract.You might want to do a search on this forum for posts by coffeemama. We went down this same road with her. We thought we had them nailed to the floor, only they turned it around and the Judge didn't even listen to the 3 year SOL. Now we know better than to even try the 3 year SOL. Link to comment Share on other sites More sharing options...
BV80 Posted April 5, 2011 Report Share Posted April 5, 2011 The fact that Alabama and other states differentiate between account stated vs. an open account makes me wonder what the law considers is the difference between account stated and open account. A credit card can be both. There's got to be some difference between the two, according to law, that would specifically apply to a credit card. Link to comment Share on other sites More sharing options...
plshelpme1 Posted April 5, 2011 Author Report Share Posted April 5, 2011 So does it basically come down to whatever the judge decidedIt is? Link to comment Share on other sites More sharing options...
Recommended Posts