waive right to statute of limitations?

[gobiscuit]

What is the name of your state (only U.S. law)? Minnesota
I have a debt collector trying to get a judgement for a credit card debt incurred in 2000. My cardholder agreement from 1999 states that I would waive my right to any applicable statute of limitations. The credit card company charged off the debt on June 27, 2001. The original debt was incurred 11/28/2000
Do I have a leg to stand on with the statute of limitations?, (Mn statute 541.05 which states 6 yrs)

 

[ShyCat]

There's an echo in here... (one of four identical posts):

https://forum.freeadvice.com/banking-credit-cards-18/waive-right-statute-limitations-454832.html

 

[JETX]

Do I have a leg to stand on with the statute of limitations?, (Mn statute 541.05 which states 6 yrs)

My opinion... PROBABLY.
I think that a court would find their 'waiver' of a state right to be unconscionable.

 

[gobiscuit]

waive rights

sorry, got overenthused

 

[gobiscuit]

A court would find their 'waiver' of a state right to be unconscionable.

Where do I find that it is a "state right"?

 

[JETX]

Where do I find that it is a "state right"?

Minnesota Statutes:
541.05 VARIOUS CASES, SIX YEARS.
Subdivision 1.Six-year limitation.
Except where the Uniform Commercial Code otherwise prescribes, the following actions shall be commenced within six years:
(1) upon a contract or other obligation, express or implied, as to which no other limitation is expressly prescribed;

 

[gobiscuit]

state right

a legal advisor told me to prepare to lose as well as win. If the original debt was $422.00, and the credit card company charged off $964.00, which is the starting point to negotiate? (they are looking for a total judgment of $2344.00)
Also, when does the statute of limitations start? The debt was incurred in 11/28/2000, but charged off in 6/27/2001. They filed the claim 3/30/2007

 

[JETX]

a legal advisor told me to prepare to lose as well as win. If the original debt was $422.00, and the credit card company charged off $964.00, which is the starting point to negotiate? (they are looking for a total judgment of $2344.00)

Plus accrued interest (to today) plus attorney fees plus court fees. Start with the number they have... and ask them to validate it.

Also, when does the statute of limitations start? The debt was incurred in 11/28/2000, but charged off in 6/27/2001. They filed the claim 3/30/2007

Of course, their claim is NOT accurate. The SOL 'clock' starts on the date of the BREACH (failure to pay on date due).