I have a credit card debt that went delinquent in 2002. The debt has been removed from all three of my major credit reports. About a month ago I got a note on my door that there was an attempt to serve me. After some checking I found out that Unifund was attempting to sue me over the debt. The thing is I was never actually served and the service papers were sent back. I called the constables office and they told me I woul dhave to wait until they got the papers back before they could try to serve me again. I also called the attorney who was actually filing the suit and they old me that they hadn't got a judgment or anything, but they were attempting to serve me so that they could get a judgement. Of course I tried to ask to work out some kind of payment plan but they wanted half my paycheck every other week or one lump sum, which of course I can't afford, being a recent college graduate who isn't making much money and has bad credit. I guess my question is, will this debt ever go away or will they just keep trying to serve me to be sued? The debt is for about $4000 and I think the OC was a First USA Bank Student Visa. I am trying to figure out waht my options are with this and if there is any way to keep this from coming back to haunt me?
What state do you live in? Google "statute of limitations" to see if a delinquency from 2002, six years, is still collectable. You might get hauled into court where you would have to assert your SOL defense.
I live in Louisiana, and I check the SOL and I am having trouble understanding exactly which one the credit card debt falls under, but I think it is three years.
Louisiana Written contracts -10 Oral contracts-10 Promissory notes-10 Open accounts (including credit cards)-3