I live in Alabama. The SOL on credit card accts. is 3 years. I received a civil summons that I am being sued (3900.00) by the CA. This is a slug outfit called portfolio Recovery Assoc. The DOLA to the original creditor on my CR is 4/2004. Even that is not correct but stll past the SOL. The CA reports a 'recent' payment to them but they do not list a date. I have not made any payments to these people. I cannot afford to hire a lawyer and am asking for any help.
1. On the summons they claim that I owe on a "account stated". I assume that that gives them a longer SOL. Do I address that by saying in my answer someting like..."I deny that there is an account stated. It is an open account and the 3 year statute of limitations has run out." Will this be a sufficient answer?
2. Is there any way that the CA can restart the 3 year clock?
Just a side note, I have contacted the the Alabama Attorney General's office and cant get past the person answering the phone. I simply told her that I wanted to find out the SOL on credit cards. She told that there is "no SOL and that the law changes from situation to situation." And that is a quote.
Any help will be much appreciated.