statue of limitation

[paljacks]

What is the name of your state (only U.S. law)? Maryland I would like to know if the SOL (which is three years in MD.) apply in my case. The lawsuit was originaly filed on April 15, 2009 with a court date on July 7, 2009. they never served the summons. They refield the summons on June 29, 2009 with a court date on October 1, 2009. I got served ten days ago. The last payment on the account was on May 2, 2006. The account became deliquent on June 2, 2006. I like to know which date do I go by for the SOL, April 15, 2009 or the refile date of June 29, 2009. Please advise as soon as possible. Thank You.

[dfromnyli]

What kind of bill is it? Is it a credit card bill? We need more information from you. If it is for a credit card, I've seen cases where judges have ruled that the SOL starts running once the debt is charged off (which is obviously a later date then 1 month after the last payment date, and can be proven by your credit report)

[paljacks]

Yes it is a credit card bill which was purchased Unifund CCR Partners.

[dfromnyli]

you need to check your credit report to see when the debt was charged off by the CC company. If it was charged off in July or later in 2006 your statute of limitations defense may not be a good one.

[Zigner]

Originally Posted by dfromnyli

you need to check your credit report to see when the debt was charged off by the CC company. If it was charged off in July or later in 2006 your statute of limitations defense may not be a good one.

Of course, date of charge off has nothing at all to do with the dates for the SOL.

[dfromnyli]

Originally Posted by Zigner

Of course, date of charge off has nothing at all to do with the dates for the SOL.

I think you need to work on reading comprehension skills fwiw.

[Proserpina]

Originally Posted by dfromnyli

I think you need to work on reading comprehension skills fwiw.

Oh?

I was obviously reading the same thing as Zig ...

[dfromnyli]

I'm confused, where did I say that the charge off date has nothing to do with the SOL?

[Zigner]

Originally Posted by dfromnyli

I'm confused, where did I say that the charge off date has nothing to do with the SOL?

*I* said it has nothing to do with the SOL. YOU (incorrectly) said that the charge-off date will affect the SOL:

Originally Posted by dfromnyli

you need to check your credit report to see when the debt was charged off by the CC company. If it was charged off in July or later in 2006 your statute of limitations defense may not be a good one.

ETA: Stay in school

[dfromnyli]

"In Maryland, the statute of limitations requires that a law suit be filed within 3 years for written contracts, and 3 years for open accounts, such as credit cards. For credit card debt it means the date of the last activity on the account or the date the account was written off as a bad debt was at least 3 years ago"

- Laura J. Margulies ESQ.

[Zigner]

Again, your reply of

you need to check your credit report to see when the debt was charged off by the CC company. If it was charged off in July or later in 2006 your statute of limitations defense may not be a good one.

is WRONG. If the date of last activity was greater than 3 years ago, the charge-off date DOESN'T MATTER.

ETA: I really can't believe that somebody with your aspirations could be so wrong on this subject. Perhaps you mis-typed something above...