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Home > Ask The Get Out of Debt Experts > I Just Received a Summons From Bank of America. Can I Use the Statute of Limitations as a Defense? – Chris

I Just Received a Summons From Bank of America. Can I Use the Statute of Limitations as a Defense? – Chris

“Dear Steve,

I just received a summons that I am being sued for what looks like an old Bank of America credit card debt (amount over $10K). This is by a collection agency that purchased the debt, and they are using a legal firm to do this. The state is Idaho. Both the collection company appears licensed to do this and the legal firm is part of the bar.

I recieved the summons a couple days before the 4 year SOL ran out. Does this stop the ‘SOL clock’? Also, regarding the SOL, a payment was made on the account roughly those 4 years ago by someone other than me (I was incarcerated at that time, so there was no way I could possibly make a pay-by-phone payment as the statement shows). Can a payment made by someone else reset the SOL clock? Regarding this, that statement had my name on it, but the address was one that I had never lived at (before or after prision). If the clock was not reset the SOL most definately reset.

Also, I spoke with one of the guys from the finance dept. for the state, and he kind of dissed the whole SOL/time barred defense. It seemed that he was saying this type of lawsuit could go on so long as the creditor established the debt as valid. Is this true?

I am planning on talking to a few local attorneys on this.

Can I use SOL as a defense?

Chris”

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The Answer

Dear Chris,

I am not a lawyer, you need to talk this over with a lawyer that is licensed in your state.

However what I can tell you is that the Statute of Limitations exists for a reason. If the debt falls outside the SOL before they filed it would be a good point to consider.

The payment made while you were incarcerated does sound a bit odd. If the payment was made soon after you went to jail well then maybe a family member made the payment. I’m not aware of anything that would cause the SOL to be reset if a payment was made without your knowledge. But that’s really a point that your attorney is going to have to argue and research.

Please post your responses and follow-up messages to me on this in the comments section below.

Big Hug!

I Just Received a Summons From Bank of America. Can I Use the Statute of Limitations as a Defense?   Chris
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Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

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