I live in Tennessee and was served with a summons to come to court over nonpayment of a credit card. The account was turned over to an attorney. I called with attorney and agreed to a payment plan. I already sent them to court costs but have not sent my first payment in. I just recently found out the debt is over 6 years old and the Sol has ran out. How did they legally go to court to get a judgment on me if the sol was out? Since I agreed to pay the attorney's office, but found out the Sol is out should I still send them payments? what will happen if I don't and that I can prove the SOL is out on this debt?
You must request a hearing in front of the judge to claim the stautue of limiations defense and request to be released from your agreement. I strongly suggest you contact a TN lawyer for specifics as the SOL can be hard to determine in debt cases. This answer cannot be considered to be formal legal advice.
In most states, the statute of limitations is an affirmative defense, meaning that if you don't raise it, it may be waived. Debt buyers frequently use this to their advantage, suing on what would clearly be time-barred debt, and hoping that the person sued never responds.
If you acknowledged the debt, and the payment plan you agreed to may have done so, the statute of limitations starts over.
I strongly recommend speaking with a Tennessee consumer protection attorney. He or she can best advise you what you can do.
