Creditor Suit and Statute of Limitations

[Funkmas325]

Hello,

I received a summons late last week for a suit brought against me by a collection agency that acquired my credit card debt from Chase. The suit was filed on 03/02/2009, my last payment and contact of any kind with Chase was 02/28/2006 (this information was on the collection agency's billing statement in the lawsuit paperwork).

I know that in Maryland, where I live and where the suit was filed, the statute of limitations is three years. So, my question is am I able to use the statute of limitations as a defense in this suit? Since it is just over three years (a couple days over) since my last payment and have not reset the statute of limitation by making a payment, negotiating repayment or even having any contact with any party verbally, written or otherwise that owned this debt.

Any opinions or information would be greatly appreciated. I am still going to seek council of an attorney on this matter. I also still might wind up filing for bankruptcy, but I am just very unsure of were i stand in this suit and if I can use the statute of limitations to defend myself in this way even though it is only a couple days after the statute of limitations is up on this debt. I am also sort of wondering if the creditor saw that the SOL was up or going to be up on this debt and filed suit against me thinking that I wouldn't show up or defend myself using the SOL getting an automatic judgment against me.

Thanks in advance

[BigJohn]

Maybe.

When was the last time you agreed in good faith, to reaffirm your debt based on oral or written or by payment?

[Funkmas325]

The last payment and or contact with any party that owned this debt was on the 02/28/2006 date. I was actually thinking of filing BK around then and in my research found this forum, from which I learned not to have contact with creditors unless I was seriously going to settle my debt or start a repayment plan.

So after 02/28/2006, I made no payments and made no contact verbally or otherwise with the holders of this debt. In other words, the 02/28/2006 payment was the last time I reaffirmed this debt.

[CompTweaker]

DOLA (date of last activity)

If you want to seek a lawyer, thats a good choice, but be sure to get one that is familiar with debt law.

Or you can fight it yourself. You've got an affirmative defense, the SOL, list it as one when you answer the complaint.

[BigJohn]

The last payment and or contact with any party that owned this debt was on the 02/28/2006 date. I was actually thinking of filing BK around then and in my research found this forum, from which I learned not to have contact with creditors unless I was seriously going to settle my debt or start a repayment plan.

So after 02/28/2006, I made no payments and made no contact verbally or otherwise with the holders of this debt. In other words, the 02/28/2006 payment was the last time I reaffirmed this debt.

SOL can be used as a defense but your major task will be answering the summons and there probably is a fee involved when you submit it to the court.

You might want to post what the summons had to say.

This is a bought debt, so it should be easier to handle then if it was from an original creditor.

[CompTweaker]

Actually, (I just remembered this), according to your local RCP's, you may be able to file a motion to dismiss based on expired SOL before you even file an answer. Read up on your RCP's or hire an attorney and mention this.

[Funkmas325]

As far as answering the summons, I think that the bottom portion of the Writ of Summons, called the Notice of Intention to Defend, is to be filled out, detached from the Writ of Summons and returned within 15 days. As far as I can tell there is no fee for returning the Notice of Intention to Defend. It just needs to be returned and I would need to be in court on the trial date to contest the suit.

The only things that need to be filled out on the Notice to Intent to Defend is the Explanation of Defense, as well as Signature, Date and personal information, such as address and phone numbers. I guess under Explanation of Defense, I would want to write something about the Statute of Limitations is over or exceeded for this debt.

I have no idea what RCP's mean and how I would go about finding more information about RCP's relevant in my area. I did think that if the SOL is over for this debt it may be possible to dismiss the case before the trial date. I also think this is something I should discuss with an attorney.

Also, my other question is if it submit this Notice of Intention to Defend and file for BK before the trial date, what happens to this suit, does it go forward or could my BK attorney get it dropped, since my BK would be addressing this debt?

Thanks again