Results 1 to 6 of 6
  1. #1
    Join Date
    May 2008
    Posts
    3

    Default Being Sued Over Credit Card Debt

    My question involves collection proceedings in the State of: SC.
    I had a credit card from chase. I stopped making payments on the card in January of 2005. A lawfirm has been calling my parents. The lawfirm is Ross and something... They said that they would be serving me with lawsuit papers in the morning. From what I have read the statutes of limitations are up? Is this just harassment or is it legit? What are my options?

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Being Sued Over Credit Card Debt

    Quote Quoting newmommy1
    View Post
    My question involves collection proceedings in the State of: SC.
    I had a credit card from chase. I stopped making payments on the card in January of 2005. A lawfirm has been calling my parents. The lawfirm is Ross and something... They said that they would be serving me with lawsuit papers in the morning. From what I have read the statutes of limitations are up? Is this just harassment or is it legit? What are my options?
    The SOL on a credit card in SC is three years. If you receive a summons, you will have to file an answer within a certain period of time (it will be on the papers you receive). You can put in your answer that the SOL has expired & also use the SOL has expired as your defense in court. Even if the SOL has expired, you can still be sued but you will use the SOL has elapsed as your defense.

  3. #3
    Join Date
    May 2008
    Posts
    3

    Default Re: Being Sued Over Credit Card Debt

    The lawyer called me yesterday at 5:00 wanting to know if I was going to settle. I told her about the SOL, and she said that I had written the last check in August of 2005 and it came back NSF. I know that was wrong, b/c I had an overdraft on my account, and my check would have been good. I asked for the check number and she said that it would take two weeks, but they would still have to serve me papers. I called the bank to check to see if I had actually written them a check, and they could not find anything to Chase for the month of August 2005. Is the law firm trying to use scare tactics?

  4. #4
    Join Date
    Mar 2007
    Posts
    17

    Default Re: Being Sued Over Credit Card Debt

    Something to consider is determining the SOL from the last date of activity on the account, such as the last payment you made.

    Check into it.

  5. #5
    Join Date
    May 2008
    Posts
    3

    Default Re: Being Sued Over Credit Card Debt

    I pulled my credit report yesterday, and the last payment showing is January of 2005. Why are they saying that they received an NSF check in August of 2005 when my bank has researched and can't find a check to them?

  6. #6
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Being Sued Over Credit Card Debt

    No one here can say what the creditor might have - there is no way for us to know. If it goes to court, it will have to be proven whether or not the SOL has elapsed.

    1. Sponsored Links
       

Similar Threads

  1. Debt Collectors: Being Sued for Old Credit Card Debt
    By ElSerfo in forum Debts and Collections
    Replies: 4
    Last Post: 10-28-2009, 06:39 PM
  2. Debt Collectors: Being Sued For Credit Card Debt
    By cigardogz in forum Debts and Collections
    Replies: 4
    Last Post: 02-19-2008, 08:13 AM
  3. Debt Collectors: Sued Over Credit Card Debt
    By mgray in forum Debts and Collections
    Replies: 1
    Last Post: 11-21-2007, 07:20 AM
  4. Debt Collectors: Being sued for old credit card debt
    By xxbigmodelxx in forum Debts and Collections
    Replies: 4
    Last Post: 08-16-2006, 11:01 AM
  5. Debt Collectors: Being Sued for a credit card debt not on my Credit report
    By Miguel863 in forum Debts and Collections
    Replies: 7
    Last Post: 09-26-2005, 07:46 PM
 
 
Sponsored Links

Legal Help, Information and Resources