Civil Suit Options/Questions RE: Delinquency, SOL, General Denial?

[sOuNdwReCk]

What is the name of your state? NM

Hello, I was served a civil summons earlier this month in reference to an old credit card debt. I did some research on this site and discovered that I may be able to respond with SOL exceedment. However, I don't feel that my records are complete and would like them to provide me with a full set of records proving the claim.

My records show last payment was on 2/26/2001. The SOL in NM is 4 years for this type of account. However, a credit check report I received last year shows last reported on 5/10/2002 (and one agency reports 6/2002). I'm a little unclear of when delinquency on this sort of account begins.

How should I answer this civil complaint? Can I respond with general denial (as one post suggested)? Will this be sufficient in getting them to provide me with documentation?

Your advice is appreciated..

[Ladynred]

last reported on 5/10/2002 (and one agency reports 6/2002)

"Last reported' date has NOTHING to do with the SOL for legal action. What you need to look for is the 'date of last activity' which is typically the last payment made. 30 days AFTER that date, when the bill went delinquent, is the date you need to go by.

Soo.. they could have squeaked in under the wire if they FILED the lawsuit before the end of March this year -- you need to find out.

A general denial should at least get you a court date. Then you can go on from there and ask for their proof.