Help in Idaho with old debt

[tammyt]

What is the name of your state? Idaho
I have a very old debt in Idaho, I made a payment on it in Feb 2002. They are telling me that because I made a payment it reset the statute of limitations and are now sueing me. This was a debt that my ex husband claimed bankruptcy on. Everything I read says credit card debt is a 4 year statute of limitations. The lawyer representing the collection agency says it is 5 years in Idaho. How do I know if I can fight this? Or how can I get them to settle if it is still within the timeframe that they can sue me? Any and all help is appreciated.

 

[Ladynred]

Ok, the question then becomes, when in 2002 did you make that last payment ? You DID reset the SOL, unfortunately. The SOL would have re-started 30 days after that last payment when the account again went continuously delinquent - which means the SOL would not expire - again - until the end of March 2006. So, technically, you're not out of the woods yet.

The 'written contract' argument is typical of a collection lawyer - or most lawyers for that matter - and what answer did you expect of a collection lawyer anyway ??

Have you actually been served a Summons and Complaint for this ?

The SOL is an affirmative defense that you use in court so if you're going to bring it up, that is when you'll have to do it. It could also go into your Answer to the Complaint if one is required.

Was this debt of your ex's incurred during your marriage ?? Was your name on the account ?

 

[tammyt]

The plantiffs attorney said I made a payment on feb 8 2002. I am not sure of that information.

I was served a summons yesterday.

My name was on the account with my ex.

This does not even appear on my credit report.

 

[Ladynred]

The plantiffs attorney said I made a payment on feb 8 2002.

Whoa.. the ATTORNEY said you made a payment ?? Oh brother.. that could very well be a bald-faced lie. You need to make them prove that one.. and you need to find out for certain whether or not that is remotely true. Deny that allegation for sure -- answer should be 'lack sufficient knowledge' - because you DON"T know for sure. Some collection agencies and junk debt buyers are known to report bogus payments, as little as $1, to try to reset the SOL. Sure as heck do NOT take his word for it.

Banks keep records for 7 years, get copies of your bank statements and/or cancelled checks from February 2002 and see if such a payment was ever made. It may cost you a few $$ but the judgment will cost you a LOT more.

Prior to this mystery payment in 2002, when was the last time a payment was made to the ORIGINAL creditor ?? WAS this account ever on your credit reports ?? Do you have any old copies of reports ??