Statue of Limitations

[moppet2003]

What is the name of your state? Minnesota
Does anyone know the SOL for credit card debt. I received a judgement, but if the SOL has expired, then I need to know how to proceed the the court proceedings.

 

[Debt Guy]

Minnesota Statutes of Limitation

Breach of contract for sale under the UCC: 4 years, (MSA 336.2.).

NOTE: Except where the Uniform Commercial Code otherwise prescribes, actions based on a contract or other obligation, express or implied, must be brought within 6 years after the cause of action occurred (Chapter 541).

Tolling: New written acknowledgement or payment tolls the statute of limitations for the debt.

Judgments: 10 years.

And the answer is ....................................... 6 years.

The SOL begins to run from the date of first default. In other words, when did you stop paying?

If you are past the SOL, you will need to file a response and say that the debt is time barred and cite the statute quoted above.

Are you in or are you out?

 

[moppet2003]

I'm within 6 years so now what

 

[sonoftom]

First of all - I'm from Minnesota.

Minnesota Statutes of Limitation


The SOL begins to run from the date of first default. In other words, when did you stop paying?

I haven't gotten an answer to my question posted elsewhere, however, it appears that you may know the answer so I'd like to sneak in here and ask.

The last time I made a payment on my credit card was February of 1999. The attorneys filed court papers on February 28, 2005. My question is - did these people just make the statute of limitations - or did they miss it?

I'm not sure when exactly I made the last payment in Feb. 2005, but I'm pretty sure it was before the 28th.

First default? - I suppose that means from the time I missed the first payment - which would have been in March. Is that correct?

 

[Ladynred]

You would not have been in default until March of 1999 - so yes, they beat the SOL expiration when they filed the lawsuit in Feb.

 

[hbreen]

First of all - I'm from Minnesota.

I haven't gotten an answer to my question posted elsewhere, however, it appears that you may know the answer so I'd like to sneak in here and ask.

Shame on you - don't hijack someone's thread - be patient for an answer and if needed, bump your post to keep it active!