does insurance payment affect SOL

[serriarey]

What is the name of your state?ca
My mother is being sued by 3rd party ca for a credit card. I think she had credit insurance on the credit card that payed the min. payment when she became disabled. The last payment they made was in 9/3/00. I'm still trying to find paperwork. The last payment she made on it was in 1999 does this have any effect on the SOL? They filed lawsuit 9/6/04

 

[Ladynred]

Do you have PROOF that the last payment was in 1999 ??? Which is it, first you say 2000, then 1999 ?? If it WAS 1999, then the SOL expired in 2003. If the last payment was AFTER 9/6/2000, then they beat the SOL and you're stuck.

 

[serriarey]

ca
There was credit card insurance with the card. She made the last payment in 1999 then the insurance made the min payment until 9/3/00 they filed in 9/6/04. I thought it was 4 years as of the last payment. Would that mean that they missed it by a few days, if they count the insurance payments? and does insurance payments count? Ok wait I just found old statements charging a late fee for missed payment in Sept.- then another late fee aqain for Oct. and last Nov. Then a credit report showing it was charged off. So I think she is ok. Now we need to find att. Any recommendations.

 

[Ladynred]

The insurance payment might have kept the SOL alive, I'm afraid. Creditor doesn't care as long as they get one. The SOL would not have started ticking until she missed the first payment, so if the last payment was made on 9/3/00, then it went delinquent in 10/2000 when the next payment was missed - and that started the SOL. That means they filed the lawsuit just under the deadline.

 

[serriarey]

Thanks again. I just found three more statements nothing has been paid since 2/00 also found letter from insurance company denying claim. I also found other credit reports. It appears this ca changed the date to cra. This is interesting. I know that is a violation as well.

 

[Ladynred]

If you're certain the last payment was 2/00, then they missed the boat on filing the lawsuit - the SOL expired in March of this year ! You should use the SOL as your affirmative defense. Once you do that, then they're going to have to prove the SOL has NOT expired. So, the more records you can dig up the better to support your side.

Re-aging is when they change the date of last activity - if that's what they did, then you have them on FCRA violations too.