I am currently working on fixing my credit….now I am finding some hiccups
My question is fairly simple. I have been back and forth with a well known junk debt buyer. My defense is easy…..SOL has expired. The key problem I am having here is proving that this credit card is indeed considered under the TILA an “open account”. In Kansas the SOL on open accounts is 3 years. Plaintiff contests that a credit card is a written contract. We have gone back and forth on this and I am tired. I have spent mearly 100 hours researching various case laws in regards to this topic but nothing is concrete. As of right now it appears that the only discovery that they have is what may be a signed acceptance form by me…..The lawyer only flashed it at us. I will tell you this……Since I have been fighting this, the plaintiffs have asked for 3 continuances. Are they nervous? Am I about to get screwed? Aside from SOL I have another question…….I wonder if I can subpoena the Original Creditor my last statement showing my last deliquent payment? So far the only date that shows is 3/14/05 and that is on my credit report under date of last activity. The plaintiff is using this date as well…..by the way I received summoms 1 month past the 5 yr SOL…..guess they only have to file before the 5 yr SOL. Anyhow, any advice. I am actually pretty resourceful, but this is getting tiresome……maybe I shoud make an offer??
Just my opinion but it seems that for all the time and research you’ve put into this that it would have been cheaper and more expeditious if you just went and got a legal opinion or representation from a Kansas licensed attorney.
That’s what I would do if I was in your situation.
Please update me on your progress by posting updates here in the comments section of your question. I’m very interested in how this works out for you.