Old Credit Card Debt

[musicaltabs]

I have a credit card from 2004/2005 that went into collections years ago. A couple months ago I was delivered Pattern Interrogatories by a lawyers office. I went to the courthouse to look up the case and found that it was from this very old credit card. They got a judgement against me back in 2012 so the case could stay open, but I was never served papers for that court date. I asked the lawyers office for validation of debt and they sent this "bill of sale" from 2005. I know the statute of limitations is 6 years in Colorado. If they "bought" this debt in 2005 and then went to court in 2012 to keep it going then that would be past the 6 years that they have, right? Can I fight this in any way or should I just try to make a payment arrangement with them? Thanks so much!!

 

[FlyingRon]

At this point you're way beyond debt validation.

The SOL started running when you defaulted (i.e., stopped making payments) as opposed to when you purchased whatever it was on the credit card. Further if you left the state, the time "tolled" (i.e. was put on hold).

Once they started the court proceedings, the SOL ceased to matter. Statute of limitations would have had to been raised at trial. You can look into whether you were properly served or not, but we're not going to be able to tell you based on the limited information here if you were or not. You may wish a brief consultation with an attorney.

Just not answering the interrogatories is not going to make this go away. It takes positive action at this point.