I just looked at my credit report and see that the debt I'm being sued for is past SOL from the original creditor...

Attorney answers (3)

1. Licensed in AZ

   

   Hyung S Choi

   Chandler Litigation Lawyer

   Contributor Level 6

   Answered January 23, 2013 08:01. The SOL defense is not simple. There are many different SOLs -- ranging from 1 - 6 years -- for different claims. Typically, SOL for claims arising out of written obligations is 6 years. It has been that way for a long time. Of course, there are exceptions. You should consult with an attorney that handles debt collection defense cases to evaluate your options. I recommend Richard Groves, http://azconsumerlaw.com/.

   My answer is purely for general educational purposes for the benfit of public that view this website. Please do... moreMy answer is purely for general educational purposes for the benfit of public that view this website. Please do not construe my answer as a legal advice to a specific person. Before any specific legal advice can be given, I must obtain more detailed information, review all pertinent documents, research the facts and law. This response shall not be in any way construed to form an attorney-client relationship. less

   • Mark as helpful
   • Flag
2. Licensed in AZ

   

   William Fife

   Mesa Debt Collection Attorney

   Contributor Level 14

   Answered January 23, 2013 16:58. The creditor's argument is that the credit card SOL wasn't a change in the law, but a clarification of the law that already existed.

   William Fife is an Attorney with Fife & Cesta, a compassionate firm conveniently located off the US 60 in Mesa,... moreWilliam Fife is an Attorney with Fife & Cesta, a compassionate firm conveniently located off the US 60 in Mesa, Arizona. The answers given here are based on the information in the question; for a complete answer you should have a consultation with an attorney you trust. Call now for a free bankruptcy consultation. We carefully evaluate your situation and give you real advice. less

   • Mark as helpful
   • Flag
3. 

   Paula Sinclair

   Twin Falls Social Security Lawyers

   Contributor Level 20

   Answered January 23, 2013 08:35. Mr. Choi is correct. Nothing short of a consultation with a consumer-rights attorney, and immediately, will meet your needs. Consumers seem to universally assume that the statute of limitations is one exact and absolute number. It is much more complicated than that, and an inquiry into the facts of the debt and your payments is needed. As well, the court pleadings to effectively raise an available SOL defense are not safely a DIY enterprise.
   
   Best wishes for a favorable outcome, and please remember to designate a best answer.

   This answer is offered as a public service for general information only and may not be relied upon as legal advice.

   • Mark as helpful
   • Flag