I had a credit card that has reached and passed the SOL in that state in which the debt incurred (TX-4 yrs). I have moved to Missouri(SOL 5yrs) and recently received a letter from a 3rd party debt collector indicating that they are initiating a lawsuit for non-payment. I asked for validation of this "alleged" debt, but they said they had already sent one in January 2013 (?) and it would have to be decided in court.
According to all 3 credit reports, the last payment I made was in October of 2008, it went into default and reported to credit bureau in November 2008... absolutely no activity after this. I have not been served, but have been receiving several "adverstiments" in the mail from bankruptcy lawyers. I do not need to claim bankruptcy, I have nothing to be bankrupt from..only 1 credit card in good standing,and I rent. However, one letter had a docket #. If this goes to court, will my 3 credit reports be efficient to prove last activity of debt and that it has met the SOL? I know MO has a borrowing statute. Agency is reporting on my credit report that start date is 5/2009 and status is 5/2009..what is that???
1 Answer from Attorneys
It sounds like you might need to confer directly with Missouri counsel to see if the specific debt alleged is such that the plaintiff could overcome your mutton for summary judgment based upon a claim the applicable statute of limitations bars the suit.
In general a statute of limitations effects the age of a claim that may be brought in a particular jurisdiction. The applicable period is based upon where three suit is brought. It sounds like your matter may be brought in Missouri, although it might not in Texas.
Parties to a contract can stipulate as you what States laws apply to disputes among them, and to limit where suit must be filed.
Many civil attorneys in Missouri offer a free or low cost initial consultation. You nee you father the relevant documents and consult directly with some. You were wise to ask for general here. The smart thing now may be to get advice based upon the specific facts of your particular situation.
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What can they do to me for credit card default of $17,000? Asked 4/09/13, 8:30 am in United States Missouri Credit, Debt and Collections Law