• FirefoxInstall the new Firefox »


    Has anyone ever been sued by a debt collector?

    I have a court date tomorrow with a debt collector suing me for a credit card debt that was charged off over 8 years ago. I live in Iowa and the research i found is the the SOL for a written contract is 10 years and unwritten such as open-ended accounts "credit cards" the SOL is 5 years. I have credit reports showing it was charged on in the year 2000. What should i expect, they are suing me for 1500.
    a few seconds ago 6 Answers

    Best Answer

    Chosen by Asker
    Credit card debt falls under "Open" contracts, not written...In Iowa this is FIVE years..... These people are playing the default judgement game...they are hoping and praying that you don't show up tomorrow so that they will win by default. No show = default judgement, regardless of the debt being outside the statute of limitations. Be sure to show up!! ========================= Open-ended Accounts: These are revolving lines of credit with varying balances. The best example is a credit card account. Please note: a credit card is ALWAYS an open account. This is established under the Truth-in-Lending Act: In many states, if you have made a recent payment on the debt or if you have acknowledged in writing that you owe the debt, this "can" reset the statute of limitations and the debt collector "may" have a case against you if you have done either of these things. Check out the "Date of Last Activity" on your credit report to see what it says. If you have not done either of this things: --------------------------------- Tell the judge the following: - This is time-barred debt as the statute of limitations has expired Request the following from the debt collector attorney: ***** (Very Important)** DEMAND that the debt collector/attorney furnish a copy of the original signed contract for the defaulted debt. Debt collectors almost never have this and you can use this against them. - Request validation of the original “Date of Delinquency” for this debt - Request validation of the “Date of Last Activity” for this debt ========================= Disclaimer: Be wary of any "free" legal advise you get on the Internet for pending legal proceeding/litigation...it may be blatantly incorrect. The advise I just have is a common defense used to combat debt collectors going after time-barred debt and it "should" be all that you need. Still, you should ideally have an attorney with you.
    a few seconds ago

    Other Answers

    • Just use the plea of the debt being 'time barred" meaning it is beyond the statute of limitations to seek civil action. If you have any paperwork that shows the last known date of delinquency, bring that with you to prove it is time barred. Also have them provide proof they own the debt, if they are asking far more then what was owed then the following would apply DEMANDING A LARGER PAYMENT THAN IS PERMITTED BY LAW: The FDCPA prohibits debt collectors from misrepresenting the character, amount, or legal status of a debt. The types of complaints that fall in this category include, for example, allegations that a collector is attempting to collect either a debt the consumer does not owe at all or a debt larger than what the consumer actually owes. Section 807(2), 15 U.S.C. § 1692e(2). and please do not believe that answer from the legal expert, that one is way out in left field. Hope this answer is of help to you LEGAL DISCLAIMER: The answer provided here is intended for informational purposes only. It is not intended nor presumed to be legal counsel or professional legal advice

      by Sgt Big Red - 6 hours ago

    • Wow I wish I had the info that Slimick gave you. I am in NJ & was sued by 2 companies & didn't show up. Both for about $1000. I thought since it's been so long it wouldn't matter. Now they are about to garnish my wages.

      by slim - 6 hours ago

    • Big John must be a janitor in a law office, because he certainly isn't practicing law in any way, shape, or form. EVERY state has a SOL on debts. Slimick gave good advice. Yes, in some states the law is not very clear and the collection agencies have been able to argue that credit cards are considered written accounts, but those are rather few and Iowa is not one of them to knowledge.

      by Crazyjester9 - 6 hours ago

    • You're probably being sued over a "zombie debt". These guys think they can buy an old account, figure they'll take you to court, and force you to pay, believing that you don't know when the SOL is... I'd think this is in small claims then, but explain your case proving the SOL is passed. However, if you made a payment on the account prior to now, the account is "re-aged" and you're screwed (as the SOL clock starts all over again!).

      by Ryan S - 6 hours ago

    • There is no such thing as a Statue of Limitations on debt or property. Statue of Limitations is for criminal or injury. You should of paid your responsibility in 2000 sorry. I would get to court and make payment arrangements, don't fight it! If you fight it the judge will look at it as you were stealing from the credit card company. You could find yourself in jail. and missed work, fines will make that 1500 dollar got to over 10k fast.

      by john - 6 hours ago

    Recommended Articles

    Yahoo Small Business Services