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  1. #1

    Smile California Statute of Limitations on Credit Card Lawsuit

    My question involves collection proceedings in the State of: California

    Last year a debt junk buying attorney firm sent me a letter of intent to collect over a 2004 default judgement on a Discover Bank credit card... I never applied for this card nor knew of the judgement. I returned their letter with one of my own that simply denied ever using or applying for this account and demanded debt validation. They responded with a copy of the judgement and stated that they would now use legal methods to collect. With the help of a paralegal after receiving the entire case from the jurisdictional court I responded by declaring defective service and demanded the original summons to be quashed and that the default judgement was void as the court had no jurisdiction over me because of the illigitimate service. The court agreed with my motions and honored both in FEb of 2011.. but they gave the plaintiff another chance to serve me within a time period and the plaintiff did just that. My question is this.....California has a four year SOL on credit card activity. The plaintiff who cannot supply anything with my signature on any application nor any copy of any transaction with this card has only an affidavit that declares they would never have issued the card if I hadn't applied for it!!!! This is their entire body of evidence. Nontheless their affadavit shows a late payment on this credit card account dated as Dec 2003... Can I use the SOL to have this case just flat out dismissed as frivelous? Or do I just keep saying prove that I ever had the benefits of this alledged credit card???

  2. #2

    Default Re: Confused Over California Statute of Limitations on Credit Card Lawsuit

    you need to check your credit report and see it it comes up and dispuite it. and see what happens. the credit reporting co will have to investagate it

  3. #3
    Join Date
    Jan 2006
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    Default Re: Confused Over California Statute of Limitations on Credit Card Lawsuit

    the SOL was tolled during the time of the judgment. If it has been a cumulative time of more than 4 years before and after the judgment since the first deficiency, you can claim a SOL defense. It doesn't appear the time has run though although I wouldn't hesitate to attempt to make an attempt anyway. Make the claim and let them defend against your claim.

    The plaintiff who cannot supply anything with my signature on any application nor any copy of any transaction with this card has only an affidavit that declares they would never have issued the card if I hadn't applied for it!!!!
    Now it becomes your responsibility to demand proper proof that the debt is yours. If the creditor can't, then you either seek summary judgment or show up in court and argue lack of proof or both, in that order.

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