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  1. #1

    Default Re: Answering A Lawsuit Over Old Credit Card Debt

    I would imagine that when this goes to court the judge will ask me if I received the CC and if I used the CC. If I say the obvious answer, yes, to both questions wont that validate the "account stated"? What is a good answer with totally lying to the judge but preserving my rights.

  2. #2
    Join Date
    Sep 2007
    Posts
    1

    Default Re: Answering A Lawsuit Over Old Credit Card Debt

    Thaz,
    I'm actually researching this q right now and happened to stumble upon your post. Good news is that this question is not settled law in AL, and what comes to most people's mind when they hear of an "open account" (what qualifies for a 3-yr limitation) is a credit card. That being said, there is legal authority that could be interpreted both ways. Go to your local law school and look the following cases up to argue your point in court (I'll be back with more help once I actually have this written):
    1. Wyatt v. Bradford & Company, P.C., 456 So.2d 822 (Al. Civ. App. 1984)
    2, Ayers v. Cavalry, LLC, 876 So.2d 474 (Al. Civ. App. 1984)


    Also, do not admit that that you owe whatever amount they are alleging. An "account stated" requires that you and the cc co agreed at some point as to the amount owed (it was liquidated and undisputed). Think of some reason why you don't think you should have had to pay it. They will also say that you consented to the amount by not responding to the bill (implied consent) you were sent after they canceled your account. If you gave them any kind of response that indicated that you were disputing the bill make sure to mention that to the judge.

    They may also try to argue that this is not barred because the SOL and/or the characterization of the debt is substantive law governed by the law of the state agreed to in the k (usually N. Dakota, where this would definitely be a 6-yr limitation). I doubt they send a lawyer competent enough to make this point (no offense, but your debt is too small for them to spend the bucks on good counsel), but if they do, let me know. This issue is much more complicated.

  3. #3

    Default Re: Answering A Lawsuit Over Old Credit Card Debt

    Thanks slicklerk.
    I have never received, to my knowledge, anything ever from this CA. Until I received the summons. I certainly never agreed with anyone as to amt..etc.

    I did contact them by phone and asked for proof of the alleged debt. I was told by the rep that they had requested that info and it could take up to 120 days to recieve it. What does that mean?

    Should I send them a letter requesting that proof and, if so, what specific documents should I ask for? Or should I just leave it alone.

    How do I rpove SOL without showing CR as evidence?

    Any help appreciated.

  4. #4
    Join Date
    Jan 2007
    Posts
    26

    Default Re: Answering A Lawsuit Over Old Credit Card Debt

    Sounds like if they need 120 days to prove you owe the money, they may have a difficult time getting evidence against you in time for the court case. I would dispute it first. I had a case where they couldnt find evidence in time and they had to drop the case against me. It's worth a try. Maybe you should use the SOL defense as a last ditch effort since you're not sure it will even be valid.

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