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What is the Date of Default for Calculating Statute of Limitations

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  • 01-19-2013, 02:06 PM
    tdc
    What is the Date of Default for Calculating Statute of Limitations
    My question involves collection proceedings in the State of: Utah.

    So I just got a court summons about 2 hrs ago for an old credit card debt. All the courts are of course closed because it is Saturday, and I figure I should deal with them rather than calling the company suing. The Statue of Limitations in Utah for Credit Cards is 4 years (as far as I can find online). I'm pretty sure this debt is older but I'm not sure. I haven't heard from them in years actually. It was a Bank of America cc account, but the company suing is a collection agency in NY (Calvary Portfolio, LLC). Does anyone know how I can find out when exactly I defaulted and the SOL clock started ticking? Or am I just going to have to wait and talk with Calvary? I appreciate all your help.
  • 01-19-2013, 02:16 PM
    flyingron
    Re: When Did I Default
    Utah law is explicit here. Four years runs from the last time you charged something or made a payment. (This is not true in all states).
  • 01-19-2013, 02:28 PM
    tdc
    Re: When Did I Default
    Thanks for confirming flyinron! That's what I had thought. To my best knowledge, the last charge/payment was summer 2008. Which would put the debt around 4.5 yrs old, but I have no records. Do you know how I can for sure find this out? I'm also certain they have to prove this. I may just have to wait until Monday when I can talk to the courts.
  • 01-19-2013, 03:33 PM
    jk
    Re: When Did I Default
    they have to prove it if you challenge it properly and make them prove it. If you do not challenge the age of the debt, it will be seen as you accepting it is within the statute of limitations.


    that means, when you file your response, along with any other defense listed, you must include the debt is beyond the applicable statute of limitations to allow for a suit to continue.
  • 01-19-2013, 06:57 PM
    davidmcbeth3
    Re: When Did I Default
    SOL starts ticking from the last date you made a payment on or when the contract was made, whichever is later.

    These dates should be in the complaint...

    SOL is tricky ... some states its an affirmative defense & others its a jurisdictional issue .. the difference lies in who has the burden and the method of pleading ... don't know about Utah ...
  • 01-19-2013, 08:16 PM
    johnb123
    Re: When Did I Default
    There are a number of complaints against Calvary. I just checked online. I would Google the company and find other stories like your's to see how they were handled.
  • 01-19-2013, 08:55 PM
    jk
    Re: When Did I Default
    Quote:

    Quoting tdc
    View Post
    My question involves collection proceedings in the State of: Utah.

    So I just got a court summons about 2 hrs ago for an old credit card debt. All the courts are of course closed because it is Saturday, and I figure I should deal with them rather than calling the company suing. The Statue of Limitations in Utah for Credit Cards is 4 years (as far as I can find online). I'm pretty sure this debt is older but I'm not sure. I haven't heard from them in years actually. It was a Bank of America cc account, but the company suing is a collection agency in NY (Calvary Portfolio, LLC). Does anyone know how I can find out when exactly I defaulted and the SOL clock started ticking? Or am I just going to have to wait and talk with Calvary? I appreciate all your help.

    you are going to have to file a proper response to the suit. Regardless what anybody says, do not fail to do that.

    I don't know what you figure you will have to deal with the courts for. There are procedures in place when suing or being sued. You follow those procedures. Nobody at the courthouse can or will give you legal advice. They will not dismiss the suit simply because you called them and explained something to them.

    Do not trust the plaintiff to tell you when you defaulted, at least prior to the hearing.
  • 02-26-2013, 06:46 PM
    tdc
    Re: When Did I Default
    Thanks everyone for your help! I really appreciate it. I did respond in time and used the generic, I cant confirm nor deny until validation is made.

    - - - Updated - - -

    Also to answer this question for anyone looking for the same info:

    1. To find statue of limitations in your state, this was helpful: http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml
    2. To find out when you last made a payment, pull your credit report, which can be done free once a year at: http://www.annualcreditreport.com
    3. Be sure to reply to the summons so you don't get a default judgement. In my case, the complaint said I had 20 calendar days from the time I was served.

    Hope this helps anyone else out in a similar situation.
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