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  1. #1
    Join Date
    Mar 2008
    Posts
    2

    Question Being Sued In Oklahoma

    I received a summons, actually they gave it to my 16 yr old son, for an old credit card debt that had been assigned to a different company. It says I am to file and mail a reply to the summons within 35 days. I do not have a clue as to what I am supposed to write except that if I agree it is my debt, which I believe it is, I will make payments. But is it to late to make payments now that I have received the summons? Do I have to file the reply or can I call the firm and make arrangements that way? The debt is old and I don't deny that I owe it. I believe I made payments to this debt when it was with another collection company but lost all paperwork in a house fire so I have no proof. I've been reading about the s.o.l. but can't find a definite answer regarding how it applies to credit cards.

    If someone could help me I would so appreciate it. I don't have a lot of extra money each paycheck but I can send something.

  2. #2
    Join Date
    Feb 2008
    Posts
    109

    Default Re: Being Sued In Oklahoma

    Quote Quoting kadysgma
    View Post
    I received a summons, actually they gave it to my 16 yr old son, for an old credit card debt that had been assigned to a different company. It says I am to file and mail a reply to the summons within 35 days. I do not have a clue as to what I am supposed to write except that if I agree it is my debt, which I believe it is, I will make payments. But is it to late to make payments now that I have received the summons? Do I have to file the reply or can I call the firm and make arrangements that way? The debt is old and I don't deny that I owe it. I believe I made payments to this debt when it was with another collection company but lost all paperwork in a house fire so I have no proof. I've been reading about the s.o.l. but can't find a definite answer regarding how it applies to credit cards.

    If someone could help me I would so appreciate it. I don't have a lot of extra money each paycheck but I can send something.

    How old is the debt? As in when is the last time you paid on the account?

    Here is Oklahoma's SOL on written and oral contracts: Contracts: Written, 5 years; Oral, 3 years. Im not sure if your state considers a credit card debt as being written or oral, but you can research that.

    Be very careful about admitting it's your debt. If the debt is so old the SOL has expired, then that's their issue.

    Check your state rules of service too---some states have rules where a child can not be the one who accepts the service papers.

    It probably is too late to make payment arrangements, they will want the original amount, interest and attorney's fees most likely all in one lump sum. MAKE SURE YOU ANSWER! Also, give your defenses. If you don't, then they get what is called a default judgement and can really dip into your wallet, freeze your bank accounts, etc.

  3. #3
    Join Date
    Feb 2008
    Posts
    575

    Default Re: Being Sued In Oklahoma

    SOL is 5 years

    Title 12
    12-95. Limitation of other actions.
    A. Civil actions other than for the recovery of real property can only be brought within the following periods, after the cause of action shall have accrued, and not afterwards:
    1. Within five (5) years: An action upon any contract, agreement, or promise in writing;...

    12 101. Extension of limitation Part payment, acknowledgment or new promise.
    In any case founded on contract, when any part of the principal or interest shall have been paid, or an acknowledgment of an existing liability, debt or claim, or any promise to pay the same shall have been made, an action may be brought in such case within the period prescribed for the same, after such payment, acknowledgment or promise; but such acknowledgment or promise must be in writing, signed by the party to be charged thereby.
    http://www.lsb.state.ok.us/osStatuesTitle.html

  4. #4
    Join Date
    Mar 2008
    Posts
    2

    Default Re: Being Sued In Oklahoma

    I pulled a new credit report where it shows the original creditor being paid off, about 7 years ago and the card was cut up. I also noticed there were a couple of addresses on there that I never lived before.

    All the legal stuff is so confusing!!

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