Statute of Limitations?

Yes, Mark, it is 3 years from date of last activity. Now, keep this in mind, that last activity is really the date of first delinquency. So, 3 years from when the account first became past-due.....now, they can still try to collect, and of course they can report on credit reports for the full 7.5 years, but they cannot take legal action against you once that 3 years is up. Be careful here though--a lot of CA's will try to sue anyways, hoping that you either dont know about the SOL law or that you wont answer the summons. In order for SOL to be your defense in a lawsuit, you must state it as your affirmative defense.

Thanks skydivr. How do I go about filing an affirmative defense. I never ran up this debt and they won't respond to me. Do I fill out a form and file it with the court or go back to the attorney who filed?

Mark,

Is a CA suing you over this debt? Affirmative defenses are used when someone sues you and you get served the summons. It sure sounds like it by your last post, but I want to make sure I know where youre at in all of this.

Is the debt older than 3 years, since the last time you paid them? If so, then your affirmative defense would be "expiration of statute of limitations". This is an iron-clad defense, as long as the debt really is that old. The plaintiff has no way of getting past that defense as long as you use it, and as long as it is true. If you can give some more background info, we can give you the best possible answers and info for your situation.

I'll have to disagree with you on this. WA court have upheld the 6 year SOL for CC as written contracts:

See WA's RCP:

[URL="http://apps.leg.wa.gov/RCW/default.aspx?cite=4.16.040"]http://apps.leg.wa.gov/RCW/default.aspx?cite=4.16.040[/URL]

RCW 4.16.040

Actions limited to six years.



The following actions shall be commenced within six years:

(1) An action upon a contract in writing, or liability express or implied arising out of a written agreement.

(2) An action upon an [URL="http://www.debtconsolidationcare.com/forums/showthread.php?p=500075#"]account receivable[/URL]. For purposes of this section, an account receivable is any obligation for payment incurred in the ordinary course of the claimant's business or profession, whether arising from one or more transactions and whether or not earned by performance.

(3) An action for the rents and profits or for the use and occupation of real estate.