Restarting SOL

[fatlard]

What is the name of your state? IL Illinois

I had some old debt more than 5 years old on credit card. If I apply for a new credit card with the same company, does it restart SOL on the old account?

[boswd]

Probably not since this a separte account. But why would you apply with the same company? If you owe them money their not going to give you another card. I could be wrong but I would be shocked if they did. If you get turned down you're going to have another inquiry hit on your Credit Report.
If you want another credit card to help with your credit score I would go to your bank an apply for a secured credit card, you will get an iquiry hit but at least you are 95% sure you will get the card and you will have a more resposble approach to your credit ratings

[fatlard]

Originally Posted by boswd

Probably not since this a separte account. But why would you apply with the same company? If you owe them money their not going to give you another card. I could be wrong but I would be shocked if they did. If you get turned down you're going to have another inquiry hit on your Credit Report.
If you want another credit card to help with your credit score I would go to your bank an apply for a secured credit card, you will get an iquiry hit but at least you are 95% sure you will get the card and you will have a more resposble approach to your credit ratings

Well, a little background first.

Capital One is suing me for about ~$6900 on debt from a credit back in 2000. They served me a summons earlier this month. After i received my summons, they sent me two letters tell me to apply for a credit card. I figure that if they give me a card then the judge will see that they are suing me on one hand and then offering me a card in another hand.. so it will make them seem inconsistent.. better for my case.

So I went one step further and applied for the card.

They accepted and sent me an unsecured card with a credit limit of $2000.

So now I am afraid I extended the SOL on my old debt from Capital One.

[boswd]

WOW!!!! I don't know what to even say about that. They are suing you for about $6,900 that you owe them and then turned around and gave you a card? Holy crap. I personally don't think it would re-start the SOL since it is a totally separate debt. I would check to make sure there are two separate account numbers for each of the cards. I don't think so but I would do some research.
They gave you another card? WOW!!!!

[fatlard]

Originally Posted by boswd

WOW!!!! I don't know what to even say about that. They are suing you for about $6,900 that you owe them and then turned around and gave you a card? Holy crap. I personally don't think it would re-start the SOL since it is a totally separate debt. I would check to make sure there are two separate account numbers for each of the cards. I don't think so but I would do some research.
They gave you another card? WOW!!!!

Yeah.. I was floored as well. I have to head to court on Wednesday. Hopefully it will turn out well.


What do you think the judge will say.

[boswd]

Originally Posted by fatlard

Yeah.. I was floored as well. I have to head to court on Wednesday. Hopefully it will turn out well.


What do you think the judge will say.

Not sure, As long as you got your proof that the original debt is past the SOL you should be OK

I would think that move is ill-advised. The SOL prohibits any legal action from occurring and for any third party collector to continue to collector. With that said, it does not stop the original creditor from ever collecting on an old debt. Most stop because they sell off the debt, but that does not mean they can't buy it back for pennies on the dollar.

Usually, they would never give you credit again, so I am surprised. It would be safer to look into smaller banks. (there are still some around) or credit unions and get a credit card from them.

Edit: Sorry, I missed your comment in the second post about getting the card to help your case. I do not really see how that could help. So what if the credit card agency was foolish enough to extend you credit, again? To me, it would only show how dependent you are on credit and help the plantiff's case. It depends on what angle of defense you are using though.

[fatlard]

Somehow, I do not think they sold my debt.

On the summons, they list Capital One as the Plantiff. They are represented by Blatt Hassenmiller...

Originally Posted by fatlard

Somehow, I do not think they sold my debt.

On the summons, they list Capital One as the Plantiff. They are represented by Blatt Hassenmiller...

No, they probably did not sell it. That was said in the second post which I missed.

What are doing about this suit? Have you responded to the courts yet? You have 30 days. Do not let them win by not answering or showing up for court. They can freeze your bank accts if they win.

[fatlard]

Originally Posted by Kanman

No, they probably did not sell it. That was said in the second post which I missed.

What are doing about this suit? Have you responded to the courts yet? You have 30 days. Do not let them win by not answering or showing up for court. They can freeze your bank accts if they win.

Well, we have a plan on what we will do in court. Court is on Wednesday, April 4, 2007 for a return date. It is up in the air on whether the judge will hear this case on Wednesday or set a trial date. Pretty much we will be denying everything.

If I get pulled to the side with the plaintiffs attorney before I stand before the judge, I will inform him of my plan as well as my intent to share all my information with other defendants if they do not dismiss my case. Just a little small threat.

Here are my points
1. We have a credit report with the account in question reported as lost/stolen with a balance of zero. Date of last activity was 2000. After we present this we will motion for a dismissal with prejudice. based on SOL of 5 years on open accounts as well as the balance of zero (lost/stolen)

2. If that fails, we will request a dismissmal based on the complaint of account stated for 5 years sol.

3. If they say it is a written contract (SOL for written contract is 10 years), I will say in illinois laws , they require all conttracts to be complete without the need for parol evidence. If missing anything on the contract then it should be considered an oral contract. Motion for dismissal base on oral contract 5 years sol.

4. If that fails, I will demand all statesments and a signed cardmember agreements.

5. Finally, I will tell the judge about the new credit card I have with the plaintiff of capitol one. I will ask "if a new account with capital one makes sense to him, because it does not make sense for me.


All the above points 1-4 will be support by case laws of appellate court decisions as well as applicable statues..

How do you think my chances are of coming out unscathed?

[debtcollector`]

Originally Posted by fatlard

Well, we have a plan on what we will do in court. Court is on Wednesday, April 4, 2007 for a return date. It is up in the air on whether the judge will hear this case on Wednesday or set a trial date. Pretty much we will be denying everything.

If I get pulled to the side with the plaintiffs attorney before I stand before the judge, I will inform him of my plan as well as my intent to share all my information with other defendants if they do not dismiss my case. Just a little small threat.

He is going to destroy you if you start threatening him.

Originally Posted by fatlard

Here are my points
1. We have a credit report with the account in question reported as lost/stolen with a balance of zero. Date of last activity was 2000. After we present this we will motion for a dismissal with prejudice. based on SOL of 5 years on open accounts as well as the balance of zero (lost/stolen)

Your credit report means nothing. What evidence do you have?

Originally Posted by fatlard

2. If that fails, we will request a dismissmal based on the complaint of account stated for 5 years sol.

Great, what evidence do you have?

Originally Posted by fatlard

3. If they say it is a written contract (SOL for written contract is 10 years), I will say in illinois laws , they require all conttracts to be complete without the need for parol evidence. If missing anything on the contract then it should be considered an oral contract. Motion for dismissal base on oral contract 5 years sol.

Okay, what evidence and proof do you have?

Originally Posted by fatlard

4. If that fails, I will demand all statesments and a signed cardmember agreements.

Too late for discovery on day of trial.

Originally Posted by fatlard

5. Finally, I will tell the judge about the new credit card I have with the plaintiff of capitol one. I will ask "if a new account with capital one makes sense to him, because it does not make sense for me.

Not relevant to the issue at hand.

Originally Posted by fatlard

All the above points 1-4 will be support by case laws of appellate court decisions as well as applicable statues..

Great, what evidence do you have?

Originally Posted by fatlard

How do you think my chances are of coming out unscathed?

70-30 against, since it seems you forgot to conduct discovery.

DC

fatlard, sounds like you have done your homework. I am impressed.

Ignore the debtcollector. Why would anyone listen to anything he would have to say and it is obvious from his posts around the forum he has serious anger management issues. Go figure being a debt collector.

Regarding #4... the burden of proof is on the plantiff to prove his case, not you. If they can not show original signed contracts, how they arrived at the amount they are asking and what it includes, etc, then it would be hard to for them to win.

Keep us posted on how it goes and good luck.

[fatlard]

Originally Posted by debtcollector`

He is going to destroy you if you start threatening him.

I have no fear of their attorneys. All I see is that they know the court procedures more so than I.


Your credit report means nothing. What evidence do you have?

Uh, isn't credit card companies required to accurately report to the credit bureau? If my credit report means nothing they why would they use it to approve or deny credit?



Great, what evidence do you have?

I will post them after the case is over.

Okay, what evidence and proof do you have?

I will post them after the case is over.

Too late for discovery on day of trial.

It is small claims.. no need for discovery.


Not relevant to the issue at hand.

Sure.. not relevant in a court of law... but in small claims, it is relevant in the court of public opinion.


Great, what evidence do you have?



70-30 against, since it seems you forgot to conduct discovery.

DC

Please see responses above

[fatlard]

Originally Posted by Kanman

fatlard, sounds like you have done your homework. I am impressed.

Ignore the debtcollector. Why would anyone listen to anything he would have to say and it is obvious from his posts around the forum he has serious anger management issues. Go figure being a debt collector.

Regarding #4... the burden of proof is on the plantiff to prove his case, not you. If they can not show original signed contracts, how they arrived at the amount they are asking and what it includes, etc, then it would be hard to for them to win.

Keep us posted on how it goes and good luck.

I agree. Debt Collector really haven't posted any helpful messages in all my thread.

In the worst case scenerio, since you are one of the few that actually showed up to defend yourself, the judges usually work in arbitration as a last resort for disputes like these, which you can decide to agree to or not. It will buy you time in the least.

If it looks like they are going to win or arbitration does not work for you (don't know your financial situation) there is always bankruptcy which allows you full protection form any judgments, collections, bank seizes, etc. It is not for everyone, but it is there.

If there is a judgment against you, the creditor has to file a motion to freeze your bank acct/garnish wages, the courts notify you, which you can dispute and go to trial. Lets hope it does not get to this.

Please keep us posted in regards to the outcome.