DurangoDAWG
Junior Member
Question to Debt Guy/Anyone - SOL reset on payment to CA?
What is the name of your state?I am in the state of California and had a Citibank credit card that the date of first default (DOFD) was 7/2000 (last payment to Citibank was 6/2000). Card was charged off (possibly around 12/2000) and sold to Asset Acceptance(AA). They hounded me for some time and I eventually made 2 payments by check over the phone (7/2002 and 8/2002) and then made no more payments. After multiple attempts for AA to try to get more money, I sent off a Cease and Desist letter around 7/2004. I then received a letter from AA attorneys requesting the money, I sent them a Cease and Desist letter in 10/2004. Early April 2005 I was served papers from AA attorneys. I have answered the summons and sent the attorneys a debt validation letter asking for all their proof. Not sure if they will respond since they are already sueing, but I figure it will come out in discovery (have court date of late July 2005 for Case Management Conference). I can possibly find the old check of last payment to Citibank, which would put me outside the SOL to the OC but I am curious if the 2 payments to AA reset my SOL which means they can still sue until 8/2006?
I have seen you state that if you have documentation of DOFD with the OC that you can argue that for your case. Looking at my credit report, there is no more listing from Citibank, just the one from Asset (which looks to be in violation since they say last payment was 12/2002 when according to my records it is 8/2002). I am also curious what exactly should I have as documentation (last credit card statement, last check sent, etc) and what exactly would I say (any codes or places to find codes would be appreciated).
Thanks in advance for your help in this matter.
What is the name of your state?I am in the state of California and had a Citibank credit card that the date of first default (DOFD) was 7/2000 (last payment to Citibank was 6/2000). Card was charged off (possibly around 12/2000) and sold to Asset Acceptance(AA). They hounded me for some time and I eventually made 2 payments by check over the phone (7/2002 and 8/2002) and then made no more payments. After multiple attempts for AA to try to get more money, I sent off a Cease and Desist letter around 7/2004. I then received a letter from AA attorneys requesting the money, I sent them a Cease and Desist letter in 10/2004. Early April 2005 I was served papers from AA attorneys. I have answered the summons and sent the attorneys a debt validation letter asking for all their proof. Not sure if they will respond since they are already sueing, but I figure it will come out in discovery (have court date of late July 2005 for Case Management Conference). I can possibly find the old check of last payment to Citibank, which would put me outside the SOL to the OC but I am curious if the 2 payments to AA reset my SOL which means they can still sue until 8/2006?
I have seen you state that if you have documentation of DOFD with the OC that you can argue that for your case. Looking at my credit report, there is no more listing from Citibank, just the one from Asset (which looks to be in violation since they say last payment was 12/2002 when according to my records it is 8/2002). I am also curious what exactly should I have as documentation (last credit card statement, last check sent, etc) and what exactly would I say (any codes or places to find codes would be appreciated).
Thanks in advance for your help in this matter.
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