I was served yesterday by a process server. Account in question is MBNA for $5,900. Date of Last Activity is 6/2001. Arbitration was awarded to MBNA 11/2001. I live in South Carolina. Isn't this WAAAAAAAAYYYYYYY beyond SOL? I have an answer prepared to file. I found a template on the SC Court website. Basically, it allows for 4 different blanket responses: 1. I don't live in this county. Transfer to my home county. 2. I admit everything and don't want a trial. 3. I admit I'm responsible but not for the amount specified. 4. I deny I am responsible at all. At this point, I have chosen #4 with the following explanation: Pursuant to South Carolina Code of Laws, Title 15, Chapter 3, Article 5, Section 15-3-530, an action upon a contract, obligation, or liability, express or implied, adheres to a three year statute of limitations. This summons, filed with the court by the plantiff on November 29, 2005 in the County of Greenville, State of South Carolina, does not meet the prescribed requirements set forth in above said statute of limitations code. Is that sufficient? Is there something more I should say? Have I included something that I should not say? Any Help is greatly appreciated!
Keep in mind also that if the SOL indeed applies, the very act of them pursuing legal action may be grounds for a counterclaim.
By all means make them prove it, but be aware that if they won in arbitration, they may have submitted it to the court, converting it to a judgement, which typically has a longer SOL.
The SOL has nothing to do with the day you got served. What matters is the date that the creditor filed suit. If it was within the SOL you are bummin even if it was a year before you got served. Is the bill legit? If you ran up the charges and are not disputing their validity, then why not re-pay your debt?
The SOL has nothing to do with the day you got served. What matters is the date that the creditor filed suit. If it was within the SOL you are bummin even if it was a year before you got served. Is the bill legit? If you ran up the charges and are not disputing their validity, then why not re-pay your debt?
Question: I have a paid judgement that was filed on 07/27/99 was received (entered) into the court on 08/21/99, served on 08/28/00 and the judgement itself was granted on 09/21/00. So if I'm understanding this correctly, the date that it should fall off my CR would be 07/27/06? - Lisa
no, it will not fall off your credit after 7 years from the date of jmt..Keep in mind, judgments usually have longer SOL than the debt itself, depending on the state you live in. Some jmts usually stay on credit for 10 years since it is a public record....
