CA "re-aged" my debt to Original Creditor on my Credit Report

[paralyzingdebt]

What is the name of your state? Texas

The CA (Credigy, who bought my debt from First Select, who had bought my debt from Discover) re-aged my debt to Discover card by putting a "date open 12/1/2002" with Credigy on my credit report. I never made any written agreement with Credigy. Nor did I ever have any written agreement with First Select. At most, years ago, I told one CA on the phone, "I'll pay you when I can, but I can't pay now and don't know when I will be able to."

My debt with Discover is outside the Texas 4-year Statute of Limitations but Credigy makes it look in my credit report as if I started owing my debt to them only 2 years ago.

How shall I word in my Answer to this lawsuit about Credigy attempting to defraud me by re-aging an older debt on my credit report?

 

[Debt Guy]

The date open has nothing to do with the SOL. All that counts is the Date of First Default on the debt to the original creditor.

Find the First Select entry on your credit report. Look in the column for Date of Last Activity. What does it say?

 

[paralyzingdebt]

I only have 2 of my credit reports so far and 1st Select is not even listed on one of them.

On the report without First Select, however, the original credit card company has my first delinquency shown as March 2001.

On another report First Select has my date of last activity left blank, but Credigy has in their portion about my account with them as having a date of last activity of 5/2001; whereas on the same credit report Discover has my last activity date listed as 4/2001.

Thus far no two reports have matched, and this is a nerve-wracking cliffhanger because the way Texas law reads at least in the statute I read, the SOL period should begin when my payments first became delinquent. I may have, and probably did pay token (much below minimum) payments in April and or March, but they did not decrease my delinquent status since they were $20 payments on a minimum payment of $175 or more.

What do you think?

 

[paralyzingdebt]

Oh, I just re-read your post and you said "first default." By those words they are outside the SOL. And since they are suing me, isn't the burden of proof on them to show that they are within the SOL?

My understanding is that it would not be wise for me to show my bank statements (which are my only "proof") because that could be construed as "admitting the debt."

Oh vay, this legal stuff is driving me mad! Thanks for your kind help!

 

[paralyzingdebt]

The date open has nothing to do with the SOL. All that counts is the Date of First Default on the debt to the original creditor.

Find the First Select entry on your credit report. Look in the column for Date of Last Activity. What does it say?

That says 5/2001; but the original creditor, DISCOVER, says (on the same credit report) that the account became overdue 3/2001.

 

[paralyzingdebt]

Yes!

Debt Guy (or anyone), do you know where I can find samples or even blank templates for drafting my Answer, Motion to Dismiss and the Order for the Judge to sign? I am finding that this is the question that is hardest to get answered -- how to file pro se! I know that the courts get very irritated when a pro se filing is not done correctly, and I want to really try to do it so that it looks just as good as if a lawyer drew it up.

If anyone has any sample or template, would you please either post it or PM me? Or if you have hard copy that you can't post or email and could fax to me, I would be most appreciative! I have a dedicated fax line and will give you my fax number if you will PM me.

I have to leave town tomorrow, for 10 days, and would dearly love to file these babies before I leave -- would be such a load off...!

Thanks in advance for any help you can give!