Oklahoma Written vs Open End SOL
I am being sued in civil over CC that really is not mine. I have been blindsided by this. I have gotten on legal aid list but I am afraid they will not come thru in time, so I have been doing lots of internet reading and getting enough info to be confused!
First......Oklahoma SOL for open end/revolving is 3 years and written is 5. I have read that some courts and attorneys in Okla claim CC is written. On my Credit Report it shows that the original debt was considered by that company to be revolving. Would the court accept the original company's designation of revolving so that the SOL has passed? If not, then would not the plaintiff (not original lender)have to show original written sig to make the debt a written contract? I have read that they do not legally have to provide the sig or the original charges. I believe this was a fraud card since I know that one company had called way back when to verify a CC start that I did not authorize. I was young and stupid and did not follow up on it. Therefore, I need to see a sig card for the alleged debt.
Second......I am a fulltime college student with only part time self employed income from a paper route. My Mom and I are both on the title of our truck. Could they force me to sell the truck or place a lien since it is in both our names?
Third.....The original amount of the debt on the report shows written off. Can this company get $$ that was already written off or just the $$ they spent to buy the paper?
Fourth.....I answered the summons with an "I don't owe this debt" and request for name and amount of original debt. Can I now file another answer with the court requesting the original sig and slips, the amount this debtor really has invested ect?
Thanks for any help as I am really really scared to face these guys in court alone.
Okie
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