[lawsick]

My question involves collection proceedings in the State of: Idaho

Hi all. My question is concerning SOL and Abritration. Two years ago, my husband lost an arbitration for an MBNA credit card. The last payment that he made on this card was 2/10/2003. Two weeks ago, he was summonned to court, where the summons states: "You have been sued by the above-named claimant: The court may enter judgement against you without further notice unless you respond within 20 days". In my investigation, I found that SOL for written contract in Idaho is 5 years and Open-ended accounts is 4 years. My question is, when does the SOL time clock start? After the last payment made or after the Arbitration was won by the creditor?
Thank you very much for your help!

[M'sta Mikey]

In this case, it would be the arbitration date. They filed before the SOL expired and were awarded judgement. That judgement may be renewable each year for a specific duration or may be good for a one-time period of one to several years.

Either way, he owes and it's most likely not going to go away. Also, with the passing of time, it's going to become even more expensive (court cost, filing and attorney fees, interest, etc.) each time the summons him to court.

He might want to run this by an attorney in your state and see what, if any, options he may have.