help with civil interrogatories and sol

[dlky]

What is the name of your state?KY
About two months ago, I was sent a summons and complaint from an attorney representing a collection agency for a credit card I had (charge-off) around 8 1/2 years ago. I sent them an answer to complaint stating that under ky state law they were barred by a statute of limitations of 5 years for this type of action. (I never requested any validation for the debt at the time b/c I thought the statute of limitations being expired was an affirmative defense on it's own and they HAD a date on their letter from 1996.) Well, today I received this request for admissions and request for production of documents. What do I do? If I don't answer them they can find a judgement against me b/c of it, but what happened to the debt being expired? thanks. dl

 

[cmorris]

What is the name of your state?KY
About two months ago, I was sent a summons and complaint from an attorney representing a collection agency for a credit card I had (charge-off) around 8 1/2 years ago. I sent them an answer to complaint stating that under ky state law they were barred by a statute of limitations of 5 years for this type of action. (I never requested any validation for the debt at the time b/c I thought the statute of limitations being expired was an affirmative defense on it's own and they HAD a date on their letter from 1996.) Well, today I received this request for admissions and request for production of documents. What do I do? If I don't answer them they can find a judgement against me b/c of it, but what happened to the debt being expired? thanks. dl

Send the letter with the 1996 date as evidence.

Also get copies of your credit reports from Equifax, Experian, and TransUnion. They will cost about $9 each. Do NOT use a trimerge. They need to be from the actual bureaus. You can access them online, paying with a credit or debit card. The reports should show the date of last activity (hopefully they are correct, or at least still put the debt outside of SOL). But, with this debt being out of statute for reporting purposes as well, it may not show on your credit reports.

But it might be there if they have illegally reaged the account. If they have reaged it, list it as open or with a balance, you might be able to counter-sue for violations of the Fair Debt Collection Practices Act. The only problem there is you have not attempted to correct the situation until now, which could prove to be a problem.

The CA is hoping you don't have proof. I am not an expert at court proceedings, but you can also request (I believe) their records showing how it is in SOL.

Hopefully, someone else will respond with more info and/or clarification.

In the mean time, visit creditboards.com. There is a wealth of info there.

 

[ihatearizona]

Basically, the attorney is wanting you to produce documents that they apparently do not have in relation to the SOL. Send a DV letter to the attorney's office ASAP. Go to the website listed on the post prior to this one to get the basics. The DV will require them to send you the contract AND a full accounting on this debt.

 

[dlky]

I did get my FICO score and copy of an Equifax credit report earlier in 2004, and saw no record of this debt. I will go back now and get all three bureaus. As far as, the debt verification letter....I have twenty-eight days now to respond to their interrogatories, what if they can't or don't provide me with the verification letter in time? (this agency had NEVER contacted me prior to wanting to sue me) Do they have to stop any proceedings until they provide me with that? If I can get proof from somewhere that the debt is out of SOL, do I still have to answer their questions? thanks everyone, dl.

 

[cmorris]

As far as I know, they do not have to stop procedings and yes, you should answer the questions (or risk a default judgment). Visit creditboards.com or even artofcredit.com to see the best way to answer and/or submit proof.

 

[Ladynred]

I would turn around and send them a set of interrogatories and request for production of documents as well ! They opened the door by doing so to you, you ARE allowed to do the same to them. Don't just roll over .. make them WORK for it, especially considereing that the debt is beyond the SOL !!