SOL help, Again, I know.

Discussion in 'Credit Talk' started by stacey, Jan 7, 2004.

  1. stacey

    stacey Well-Known Member

    I know this has been addressed a million times, but was served today by lowlife CAA, and am trying to track SOL. The only payment record I have is from experian cr that shows the following:

    Charge off as of 10/2001 to 03/2002
    180 days as of 10/2001
    150 days as of 9/2001
    120 days as of 08/2001
    90 days as of 07/2001, 07/99, 04/98, 02/98.

    60 days as of 06/01, 01/01, 12/00, 08/99, 06/99, 12/98, 11/98, 02/98, 11/97 to 01/98, 01/97

    30 days as of 05/01, 02/01, 11/00, 05/00, 04/00, 11/99, 5/99, 10/98, 09/98, 10/97, 12/96.


    Obviously, a bad track record, but from what I can see, it is within SOL (GA) based on the above, but also, I know this account was never current after 10/97. It was probably brought current earlier in 1997, but I really don't know without trying to get a payment history from the OC. Anyone know how difficult that is? It has been sold so many times, they probably don't even have the info. How should I proceed with responding? Thanks.
     
  2. Flyingifr

    Flyingifr Well-Known Member

    Want a payment history? You've been served witha summons. File an answer denying liability for the alleged debt, and in teh alternative that the debt is barred by the Statute of Limitations. They will have to produce a complete posting history to overcome your denial.

    You can also serve them with a Demand for a Bill of Particulars and Discovery Motion seeking a complete account posting before trial.

    Look for a thread I started here titled "Turning a Suit into a Settlement"
     

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