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Being sued by Midland - court date issued


timermaid
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Hello! I am being sued by Midland Credit Management for an old Capital One credit card.  I filed a response and finally received a giant packet including my court date of February 7th.  The SOL runs out on this account after 3 years which would be February 27th 😑 

Do I have any options? Would a continuance force it out of the SOL? 

Thank you in advance! 

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On 12/22/2021 at 6:45 PM, timermaid said:

Hello! I am being sued by Midland Credit Management for an old Capital One credit card.  I filed a response and finally received a giant packet including my court date of February 7th.  The SOL runs out on this account after 3 years which would be February 27th 😑 

Do I have any options? Would a continuance force it out of the SOL? 

Thank you in advance! 

The SOL is tolled (stops running) when a lawsuit is filed, so a continuance will have no effect on it.

Study your court’s rules of civil procedure and evidence.  Also, read your state’s court rulings on credit card debt and similar types of debt to determine what Midland must present to satisfy the court.

In addition, check your state’s debt collection laws. 

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On 12/22/2021 at 3:45 PM, timermaid said:

The SOL runs out on this account after 3 years which would be February 27th 😑 

 Would a continuance force it out of the SOL? 

Once they filed suit within the SOL it is tolled (stopped) while the case is active.  A continuance will not push it out of SOL.

Your only choice is bankruptcy, settling or defending the suit.  Cap1 removed arbitration as an option over a decade ago.

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