Easiest way to prove SOL?

[eli4625]

What is the name of your state (only U.S. law)? Indiana
I will be going to small claims court on Aug. 13 over a credit card debt. From what I have read on Indiana law the SOL is 6 years. The account went 30 days past due in November of 2002, which should qualify it as SOL. I have a copy of my credit report showing that. The collection agency told me that the 6 years if from when they took over the debt, not from when the time I am claiming. So which is it? Will the credit report be enough?

 

[TigerD]

What is the name of your state (only U.S. law)? Indiana
I will be going to small claims court on Aug. 13 over a credit card debt. From what I have read on Indiana law the SOL is 6 years. The account went 30 days past due in November of 2002, which should qualify it as SOL. I have a copy of my credit report showing that. The collection agency told me that the 6 years if from when they took over the debt, not from when the time I am claiming. So which is it? Will the credit report be enough?

The SOL is counted from the date of default or the last payment. If doesn't matter when the CA bought the account.

DC

 

[eli4625]

So

Okay then with my credit report showing 1st past due as Nov. 2002, that is what we go by? Well the credit report do?

 

[TigerD]

Okay then with my credit report showing 1st past due as Nov. 2002, that is what we go by? Well the credit report do?

No. You don't prove the debt is outside the SOL; they have to prove it is within the SOL. You cannot prove a negative.

However, you have to make them prove it is within SOL. That will take education or a lawyer.

DC

 

[eli4625]

Then..

I guess since lawyers are not permitted at smc, I will just have to state the statue on debt and the SOL and provide a motion that will force the plaintiff to show it isn't covered by the SOL. The collection agency KNEW it was a SOL case, that is why they tried to get around the law and never sent me a copy of the case hearing.