statue of limitation colorado Ladynred plz hlp

[elvis99]

What is the name of your state?az i have most of my debt from living
in colorado where i opened most of all my credit card applications. is
it true that the statue of limitation is 3 years. i have lived in az for
over 3 years now and i have not made payments or any transactions
on any of the accounts i opened in denver colorado. i am wondering if
its worth to file bk 7 if i know they cant legally sue me for the debt from
colorado. i was served papers by sherman acquistions for best buy
which was a card i had in arizona. i dont know if i should just have them
garnish me or file the bk7 (ladynred you have been the best answering
questions please advise me if you can thank you so much) da

[Ladynred]

Well, they CAN sue you in CO if that's where you entered into the agreement with the creditor, but they will usually sue you where you live now. Its POSSIBLE for them to use another state's SOL statutes, but I don't think it happens all that often. You at least START by using the SOL defense for the state you live in NOW.

If the debt that Sherman is suing you for is a debt that has not been paid in over 3 years, then use the expired SOL as your defense in court. Just make sure you can PROVE when you last paid and have a copy of the Truth in Lending Act handy.

If these debts are past the SOL, and you can handle defending yourself in court against lawsuits, then don't file for BK, you have a defense. Unless you're in CA or WI, they are not prohibited from suing on a time-barred debt, they can try. They COUNT on you NOT showing up in court and NOT fighting them so they get the easy win and a default judgment. Fight for yourself and you have a better chance of beating them.