Legal Question in Credit and Debt Law in Alabama

lawsuit filed against me

i recently got sued by a credit card company. this was a card i took in divorce in jan 2005. total is 8995. i returned an answer to courts that i deny the whole thing. i go to court on april 4. i'm wondering what will happen in the court hearing. its been 3 years since any payments were made. statute of limitations come into play? are there attorneys i can get to help me with just this one suit, instead of filing bankruptcy like they all want me to do. thanks


Asked on 3/20/08, 4:41 pm

1 Answer from Attorneys
John Watts Watts Law Group, P.C.

Re: lawsuit filed against me

The statute of limitations is a controversial subject - its either 6 years or 3 years. My personal view is it is 3 years but lawyers on the other side disagree and the court rulings are very few and far between.

Were you actually sued by the credit card company (Capital One, Citibank, etc) or a debt buyer that had bought the credit card debt (Palisades, Unifund, LVNV, Asset Acceptance, etc)?

If it is a debt buyer, then you might want to look at these articles that might be of some help. Feel free to email me if you have any questions.

http://www.alabamaconsumerlawblog.com/2007/05/alabama_consumers_sued_by_debt.html

http://www.alabamaconsumerlawblog.com/2008/02/alabama_consumers_sued_the_rol.html

http://www.alabamaconsumer.com/PracticeAreas/Ive-Been-Sued-What-Should.asp

Best of luck!

John Watts

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Answered on 3/20/08, 6:41 pm


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