Credit Card SOL

[Krystalbubbles]

What is the name of your state?Oklahoma

Ok, the SOL for Oklahoma is 3 years for credit card debt. I don't understand how a credit card company can file a civil suit against me when the SOL has clearly ran out. From what I can recall, I got the credit card when I was in college, September of 1998, when I started working, May of 1999, I paid it off. Something happened to my car and I used it again, and I again, paid it off. I thought that was the end of it. That was April of 2000. I had to quit working when I had to be hospitalized for mental health problems. That was July of 2000. I was unable to work because the problems were severe at the time. Subsequently, I moved, February of 2001, then again in August of 2001. I have been at my current address since August of 2001, we started getting mail here in July of that year. Never once have we recieved anything from this company. they have a statement attached to their files that state my former address in August of 2001, with a balance of over 1800.00, we did not recieve that statement. Right now I am in the process of trying to get on disability because I am unable to work due to the severity of my problems. I do not have any assetts, I do not own any land, I do not own a car, the house is in my husbands name, the only thing that is joint is the bank account, and that only because he's reluctant to take me off because of the children. He doesn't want me stranded without access to money while having the children with me. Do I need to let the court know that I am applying for disability? What information do I need to let them know? I have already provided the court with an answer that stated I thought I was judegement proof and that the alleged debts were barred under the states SOL. I am kind of at a loss as to what to do next? If I had the means to pay it I would, I don't, and I can't. Also, I am on the verge of being committed again, what do I do if I am in the hospital on the date of the trial?

 

[JETX]

"Ok, the SOL for Oklahoma is 3 years for credit card debt. I don't understand how a credit card company can file a civil suit against me when the SOL has clearly ran out."
*** Of course they can. After all, anyone can sue almost anyone else over almost anything. The problem they will have is IF you defend yourself against their claim by showing that the SOL has 'tolled' on the debt, making it legally unenforceable.

"I am kind of at a loss as to what to do next?"
*** Your post isn't clear, but I assume that this debt is NOT being pursued by the original creditor, but by a subsequent 'debt purchaser' or collection agency. If either of the latter, then you need to send them a WRITTEN validation request in order to get the FACTS of their claim. A good sample letter can be found at: http://www.creditinfocenter.com/forms/
Your sending this to them will stop their actions (per federal law) until they comply. Then, once you get that information, return here and we will go the next step.

 

[MrKee]

Krystalbubbles,

I'm a little unclear about your post. Are you saying they have already filed suit against you? If so, then the fact that the SOL has expired on the debt gives you an affirmative defense.

If they haven't filed suit, and are only trying to collect after the SOL, then I would do as JetX advised and send them a validation request, along with notice that the statute of limitations has already expired on this debt.

Good luck to you!

MrKee

 

[JETX]

MrKee is only partly correct.
Even if they HAVE filed the lawsuit, you STILL need to do a validation request. Simply, you need to have them show you that they have the RIGHT to file the suit, that the amounts are correct and that the dates you BELIEVE are correct (and the SOL impact).
Without the validation, you are SOL (and I do NOT mean Statute of Limitations).

 

[MrKee]

Your sending this to them will stop their actions (per federal law) until they comply. Then, once you get that information, return here and we will go the next step.

I'm assuming we're dealing with a collection agency and not the original creditor, but I am unclear from the original post.

If it's a collection agency, then the debt validation request should stop them from further collection efforts until they validate the debt, but if it doesn't then you have them on an FDCPA violation. Mail your validation request C-RRR mail. Also, be sure to dispute with the three consumer reporting agencies once you get the green card back from the CA. If the CA hasn't reported to the CRA's that the debt is being disputed, then you have yet another violation.

Krystal, are you already being sued or if not, who is trying to collect?

MrKee

 

[Krystalbubbles]

I have a court date set for the 4th of June, I just got the letter today. It's Discover Bank. I am sorry if everything seems jumbled up. My mind just isn't thinking quite clearly right now. This is just another thing that I can't handle right now. Considering the fact that it's time barred and I did ask them to send me something to prove that it is in fact I who did the card in the answer I sent to both them and the court, couldn't I ask the judge to dismiss persuient to rule 9? If I remember correctly, that just states that it's a frivilous lawsuit and that the the prosecution are going ahead with it knowing that they will not be able to obtain any restitution.(?)

 

[JETX]

"couldn't I ask the judge to dismiss persuient to rule 9?"
*** You can ask the court to do anything you want.
And what do you mean by 'rule 9'?? The Oklahoma Rules of Civil Procedure (Statute, title 12), has 12-9 as repealed.

"If I remember correctly, that just states that it's a frivilous lawsuit and that the the prosecution are going ahead with it knowing that they will not be able to obtain any restitution.(?)"
*** If that is 'rule 9', it would NOT apply as it is NOT frivilous lawsuit. The proper response to a 'SOL tolled' suit is the defense that the debt has 'tolled' and is no longer legally enforceable. And since you don't KNOW what the dates are..... my suggestion to get the debt validated.... which is a RIGHT under the FDCPA. However, since you APPEAR to be saying that the plaintiff is the original creditor, your only real method to get the records before the trial is to subpoena them.

 

[MrKee]

MrKee is only partly correct.
Even if they HAVE filed the lawsuit, you STILL need to do a validation request. Simply, you need to have them show you that they have the RIGHT to file the suit, that the amounts are correct and that the dates you BELIEVE are correct (and the SOL impact).
Without the validation, you are SOL (and I do NOT mean Statute of Limitations).

"I thought I was wrong once, but I was mistaken"

If the original poster is sure the debt is past the statute of limitations for collection, then the debt validation is meaningless. That being said, I think you make a very good point to request validation of the debt just to be sure it's outside of the SOL. (But since it's the original creditor, I'd probably just include the request for an itemized statement of all activity in a good, lenghty set of interrogatories!)

Good advice!

MrKee

 

[JETX]

And I agree completely. You would be surprised how many times a debtor has shown up in court with an absolutely solid 'SOL expired' defense, only to find out that the plaintiff has records to show the SOL was somehow 'refreshed', or their recollection of dates was bad..... or any of dozens of other 'surprises'. One thing you learn in Law101 is to ALWAYS, ALWAYS try to know what the other 'side' is going to do..... or at least be prepared for ANYTHING.
The validation is a good step in that direction.

 

[Krystalbubbles]

Ok, so I ask for validation of debt. If they supply it and it shows that miraculously it's not past the SOL and the judge rules against me, what then? I own nothing, I can't work because I am mentally unstable. You wanna know something weird? I just noticed this, the judge that will be presiding over this case is the same judge that signed the emergency detentions forms a few months ago, and the same one that ruled over the mental competency hearing a week later.

As of Monday I will no longer be on any checking account, not because of this though. It's because of the manic highs and lows. Long story, to make it short, it was either take me off or they will close the account down all together.

I don't own a car, I mean, I don't own anything except my clothes. The vehicle I drive is my husbands. The house we live in is my husbands.

What exactly can they do to me then? Even if they rendered a judgement against me, there would be bank account to attach it to, no vehicle or home to put a lein on. Even if they tried to garnish wages in the future, its unlikly that I will ever be able to work. Could they legally go after my husband for this? I mean, all of it was done before we were married and he has no clue as to what is going on now. He's the only one working and it's not even enough to pay the bills and support two kids.

 

[MrKee]

Ok, so I ask for validation of debt. If they supply it and it shows that miraculously it's not past the SOL and the judge rules against me, what then?
QUOTE]

Forget validation! Since your dealing with the original creditor, and not a collection agency, they would not have to respond to any validation request.

You sound pretty much judgment proof. Even if they got a judgment against you, it'd be real hard for them to collect. But, just be aware the judgment will hang with you like a bad cloud until paid.

Just curious, how much debt are they suing you for?

MrKee

 

[JETX]

Ignore Kee.
Validate the debt.

 

[Krystalbubbles]

From what I can thell, its 1800 plus court cost and lawyers fees. From what I looked up, there is another 1000 in those. They did send me some forms that showed a standard agreement. Then they had a copy of a statement with it and the date on that was aug 01, it also showed that there was no previous payment made for the month of july 01. I just looked back at the papers I filed with the court and when I filed my answer, I did ask them to validate the debt. That answer went to both the court and them. So, maybe that is why I got what I did. But they still didn't really give me anything that says that it's mine. What papers should I have gotten?

 

[JETX]

"I just looked back at the papers I filed with the court and when I filed my answer, I did ask them to validate the debt."
*** That is not a 'proper' validation request.

I suggest you use the one located at: http://www.creditinfocenter.com/forms/

And be sure to include the 'questionaire'.

 

[MrKee]

Ignore Kee.
Validate the debt.

Ingore me! Just remember that the original creditor has no legal obligation to validate the debt.

You can get all the information that JetX wants you to get, and more, in a good set of interrogatories. They can't ignore those!

MrKee