What is the name of your state (only U.S. law)? IN
Well had my day in court today, claimed my CC debt was over 6 years old. So what does the plaintiff attorney say...
"You made one, and just 1 payment in Jan. of 2004, which means the 6 years won't occur till this coming Jan."
Since I had no way of proving I didn't, which I didn't, the judge took the word of the plaintiff attorney and found for them. I tried to point out that the last payment to the CC company was in Sept of 2002, which the plaintiff agreed, and no other payment was sent after that and the account was charged off in August of 2003 and why would I make a 1 time only payment in Jan?
So to those trying to prove SOL, keep all your records and hope because from my experience, it is your job to prove you didn't pay because all the plaintiff has to say is "Hey he made this 1 payment" and that is the date they go by.
Well had my day in court today, claimed my CC debt was over 6 years old. So what does the plaintiff attorney say...
"You made one, and just 1 payment in Jan. of 2004, which means the 6 years won't occur till this coming Jan."
Since I had no way of proving I didn't, which I didn't, the judge took the word of the plaintiff attorney and found for them. I tried to point out that the last payment to the CC company was in Sept of 2002, which the plaintiff agreed, and no other payment was sent after that and the account was charged off in August of 2003 and why would I make a 1 time only payment in Jan?
So to those trying to prove SOL, keep all your records and hope because from my experience, it is your job to prove you didn't pay because all the plaintiff has to say is "Hey he made this 1 payment" and that is the date they go by.