Legal Question in Credit and Debt Law in Alabama

Re: In regards to past credit card

The statute of limitations is a hotly contested matter in Alabama. We say it is 3 years but the debt buyers say 6 years.... Here is a blog post on this subject that might be of interest to you. http://www.alabamaconsumerlawblog.com/2008/03/what_is_the_statute_of_limitat.html

If it was a debt buyer who sued you - like Palisades, Midland Funding, Asset Acceptance, etc - then you have some special arguments that you can make. Here are a few blog posts that might help you - http://www.alabamaconsumerlawblog.com/2007/05/alabama_consumers_sued_by_debt.html

http://www.alabamaconsumerlawblog.com/2007/07/what_happens_when_you_defeat_c.html

You need to see if this is on your credit report - http://www.alabamaconsumer.com/PracticeAreas/Steps-You-Need.asp

Let me know if you have any specific questions and I wish you the best of success.

John Watts

Re: In regards to past credit card

You did well to deny the debt. One question is "whom" is suing you?? The ORIGINAL creditor or a "debt buyer" (also known as a bottom feeder). The statute of limitations in Alabama for an open account is 3 years. For a contract it is 6 years. Is there a contract that the Plaintiff has? Can they prove an assignment?

Feel free to contact me if you have questions. 205.752.4440 Depending on the "entity" suing you, you may have a claim against the company suing you.