Question About Credit Lawsuit

Discussion in 'Credit Talk' started by Smittyb318, Apr 21, 2008.

  1. Smittyb318

    Smittyb318 Member

    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?
     
  2. greg1045

    greg1045 Well-Known Member

    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.
     
  3. Smittyb318

    Smittyb318 Member

    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.
     
  4. Smittyb318

    Smittyb318 Member

    Louisiana
    Written contracts -10 Oral contracts-10 Promissory notes-10 Open accounts (including credit cards)-3
     

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