Help!Summons received from Unifund.SOL?

[girlscout]

What is the name of your state?What is the name of your state? North Carolina

Four days ago(8/11/05) I had a civil suit summons for a judgement delivered to my home by the county sheriff. The summons gives me 30 days to respond. Also, the delivery date on the summons was 8/9/05 although it was not served until 8/11. The summons was from Unifund for an old mastercard debt of $5000 plus interest = $8690. The last payment activity on the account was July 2, 2002 and no other payments have been made since that date. The summons court filing date was 8/5/05 at 5:15 pm. The first missed due date was 8/5/02. The SOL for North Carolina is 3 years. Can I have this summons/case dismissed based on SOL? I wasn't sure if the SOL
date began on the date of the last payment or the date of the first delinquent payment. Thank you for any advice on this matter. My stomach is tied into knots and I am not sure which way to proceed.

[Ladynred]

The first missed payment of 8/5/2002 would start the SOL clock ticking. If they filed the lawsuit before that date, then they beat the SOL. If they truly did file the lawsuit on 8/5/2005, a judge may still decide that Unifund BEAT the SOL. You can certainly try that defense. You really need to check your records and be absolutely sure of those dates. Do NOT rely on any dates that Unifund or their lawyers give you.

[girlscout]

Thanks LadynRed! I'm so glad someone responded. I saw your name mentioned as a good person to answer questions on another website. I saved all of my statements and colections letters for this account. It does show that the last payment received was July 2, 2002 and the statement received just after that payment said due date of 8/5/02 with no past due balance. I thought the SOL began after the last payment was made since 8/5/02 was the last due date for payment without a fee. Is this just wishful thinking or do they have me?