Being sued by Capital One Bank NA

[Trish]

Awesome! Now you have an affirmative defense. I know some will still try to sue you after the SOL is up but if you have a good (and hopefully confident) lawyer, you should be able to win this.

Good luck and keep us posted!

[In_Trouble_in_TX]

Originally Posted by Trish

Awesome! Now you have an affirmative defense. I know some will still try to sue you after the SOL is up but if you have a good (and hopefully confident) lawyer, you should be able to win this.

Good luck and keep us posted!

Well, my excitement was short lived. Now I'm not sure how to feel. It may or may not be past the SOL. I keep getting different answers on when the start date for SOL actually begins in Texas. I really am confused.

[Trish]

Originally Posted by In_Trouble_in_TX

Well, my excitement was short lived. Now I'm not sure how to feel. It may or may not be past the SOL. I keep getting different answers on when the start date for SOL actually begins in Texas. I really am confused.

SOL always begins from the date of first delinquency.
The starting date is the first 30 day late or past due month that preceded your charge off.

What other answers have you been given?

[In_Trouble_in_TX]

Originally Posted by Trish

SOL always begins from the date of first delinquency.
The starting date is the first 30 day late or past due month that preceded your charge off.

What other answers have you been given?

A mixture of the same but with different wording so it wasn't real clear. Then there was the big one that was different of the date last payment and or contact was made.(to put it in simple terms)

Just to make sure I understand this:

lets say payment was due on(fake dates) 01/01/09 and I make a payment on 01/20/09 and never make another payment, that means that the SOL date begins on 03/01/09?

being that the payment on 01/20/09 brought the account current, and the next due date would have been 02/01/09 which became 30 days late on 03/01/09

is this correct?

[Trish]

You are correct.
A lot of people say/think SOL starts on date of last activity but it's not. It's the month that the acct first went delinquent. Also (just in case this is an issue or concern).... say you went behind and your DOFD was 3/2009 (as you were saying), then around 5/2009 you decide to make a small payment but you are still behind. That payment does NOT restart your SOL date since you did not bring your account current.

Hopefully that helps and makes sense.