Past statute of limitations

[jeepfreak]

What is the name of your state? Maryland
I have recieved a letter from a lawyer stating that a lawsuit has been filed in district court regarding a past cc account. It includes a case number, an inflated balance due, and a phone number to contact the office. Now after doing some research, it appears to me that the statute of limitations, 3 years in the state of maryland, has expired. I have also realized that I should request a debt validation regarding the balance due. Even though the sol has expired, I checked a recent credit report for last payment on account, should I still request the validation or just go to court and ask for dismissal and how do I go about that? All help is greatly appreciated!

[Debt Guy]

You've been sued! Requesting validation is not only a waste of postage but is not the proper response.

If you are in small claims court, you need to attend court on the appointed day and tell your story to the judge.

If you are in "big formal court" or whatever it is called in MD (district court, state court, superior court are some examples) then you must file a response with the court in the proper and correct format. Your answer will cite the appropriate state law and your defense will be that the debt is time-barred.

Things will go easier if you can prove the debt is out of statute. The best possible proof would be to get something in writing from the original creditor as to the date of last payment. The SOL begins to run from the date of default -- generally 30 days after the last payment. The judge is not likely to accept your credit report as proof since you and s/he know credit reports are replete with errors.

By the way, this question has been answered many times. You should have used the search button. You now owe me $25 for typing out this answer for the fiftieth time.