About John G. Watts Expertise I can answer questions related to debt collectors and collection agencies contacting, threatening, or suing consumers. I can also discuss how credit reports are affected by debt collectors and collection agencies. My website lists a number of actual cases I have recently filed - www.alabamaconsumer.com. You can also go to my blog at http://www.alabamaconsumerlawblog.com/ which lists information about consumer issues.
Experience I have been a lawyer for 12 years. My background is a trial practice in the area of personal injury and wrongful death. The last couple of years, I have shifted my focus to consumer law. Specifically, to representing consumers with errors on their credit reports (Fair Credit Reporting Act), identity theft (Fair Credit Reporting Act and Fair Debt Collection Practices Act) and harassment from collection agencies (Fair Debt Collection Practices Act).
Education/Credentials Graduated with a business degree from Indiana University in 1992. Law degree from Cumberland School of Law in 1995.
Expert: John G. Watts Date: 7/24/2007 Subject: Credit Card Debt over 4 years old
Question I live in Arizona which has a 3 year SOL on open account debt. I have some unpaid credit card debt that I haven't paid on in over 4 years. I recently sent requests for debt validation to AMEX (20k debt). Today I noticed that Amex had put a notation in my credit report stating that they were suing me or a judgement had been established. I checked with the Superior Courts and there is nothing on file about a lawsuit. Can they sue me in another jurisdiction even though I've lived in my current county for the last 10 years? Should I be concerned about being sued by Amex for 4-year-old debt when 3 years is the SOL. If I do get sued and use the SOL defense in court, what are my chances for winning?
Answer Bob,
The rules vary from state to state but you should be notified if you have been sued, particularly if you have lived at the same address or same county while you had the AMEX card.
Your credit report should give the court name and number if it shows a judgment against you. Look at those again and see if it gives you any help.
Did you call your "small claims" or other courts - the amount owed is probably over the limit of those "smaller" or "inferior" courts but you never know....
The SOL is a very complicated thing - which state applies, yours or where AMEX is incorporated? It rarely is a simple answer.
Short answer on SOL is if it has expired you should win but I would definitely get an attorney if you get sued.
If you have any other questions, please feel free to contact me directly.
John Watts
www.alabamaconsumer.com
www.alabamaconsumerlawblog.com
