hey guys, my first co. charged off credit card debt year 2004 but account opened 07/2001. another co bought the account from the first co. this new co filed a lawsuit for the debt collection., since it is 2006 now, so can i win this case based on statue of limitation?

Given the time frames, not really. However, check your state laws to see if there is a loop hole.

1.Check out on your browser the statute of limitations for your state
2.The S of L should be figured from the last date you made any promises to pay, or actually paid on a delinquent account, not the date it was charged off.
3 A delinquent Credit Card account can usually be subject to payment even if the original creditor "Charged Off" the account, mainly because they could not collect and didn't wish to mess with it
4. They then usually sell the contract to a third party, from about $.05-.07 cents per dollar( if you owed $500 they bought it for about $25 -35 dollars), and then went after you for payment
5. If they haven't yet reached a judgement by the court, you are reasonably safe for a small moment. Usually a third party collector, especially from out of town, does not wish to go to court because they have to retain an attorney in your town which is expensive to them if they lose. If a local firm says (attorney) they are definitely suing you, it probably is not a bluff (like "we are considering a law suit", as compared to "We have filed papers for suing you".
6. If the S.O.L is close by, they will step up the collection attempts by harassments over the telephone, which you can demand them to stop under the law...take notes, record by tape, etc. end them a registered letter demanding they stop...see credit collectioin on your browser...you'll find a lot of useful inf.
7. If a judgement has been made, you are subject to garnishment against your pay check, or even seizure of assets.
8. Get some free help from a county legal services firm.
9. Also, consider negoiating with them
10. If they are just bluffing, being from out of town, and the S.O.L is still a little bit away, consider protecting you assets, bank, car, major tools, by transferring them to someone you trust and does not have your last name, or file "friendly liens" on your car with a friend as the lien holder for a ligitimate "promissory note for services" etc.
11. But remember, if they have just been harassing you, and no one has taken action, and you have not yet admitted to owing the amount, nor have they confirmed they are the ligitimate ones to receive any payments from you...then when they call, shut up...don't engage in an argument, but immediately establish your right not to be harassed at home or work, and demand they cease doing so! You take charge of the conversation, say what is necessary...then END THE CONVERSATION...and send the letter registered for receipt acknowledged.
12.If they call at work, tell them your employer does not allow anyone to call you there. Ignore the rest of what they have to say because they can't file to attach wages without first getting a decision from the court on the amount owed...they are just trying to alarm you. Remember too, your employer cannot touch your pay check without your permission, and only if they receive a garnishment demand accompanied by a court judgement against you.

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