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Question By
Aubie98

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15 People Helped
Being sued on closed, then charged off account
I received a mailed notice that I am being sued for an account that was closed in 2008/2009. I have been laid off, downsized out, etc. numerous times over the last 7 years. I got on the "card's" repayment plan and paid on it thru October of 2011. I could no longer do "the plan" upon experiencing my third layoff. To my knowledge this account was never "current" after that initial layoff in 2008. Not sure how to respond as by date of original deliquency this is beyond the statute of limitations. I am in Alabama. Causes cited: breach of contract, money had/received, and account stated.

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The original delinquency doesn't count since you were paying on it.  The "date of last activity" (usually last payment) is the point at which the statute of limitations is calculated.  If you did not stay in touch with the creditor, letting them know of the job situation, then they had no idea of what your situation was and were considering you a "deadbeat."  You may just have to go to court to explain this situation to a judge and see if there is any way of getting some other payment arrangements made.  It's also possible the creditor won't show up, in which case, the case would be closed.

Please read the articles on this site and learn how credit works and what to do to make it work for you.  That is what Credit Karma is all about.

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