[rob22]

Hello to all from a new member. I have been searching and searching for an answer to my rapidly approaching situation and I seem to have found something here that in some way is similar to something posted by Med regarding breach of contract and cause of action.
Short version of my situation: had credit (cash advance sort of account) major bank card for many years. Got close to credit limit about 8 years ago. Never purchased anything more but balance continued to climb although I continued to make payments. Account has been over the credit limit for at least 7 years, and closed by the grantor to new purchases for at least 7 years. I have old statements which show this to be the case. I have continued to make payments to the OC up to last month. Sometimes late 30 or 60 but still kept paying.
Found out last month OC charged off account (0 balance) sometime sept 06 and sold to a JDB. I made at least two payments to OC aparently after charge off but before I knew.
JDB has sent notice (lots of violations in their two letter) and have sent information to a lawyer in my state for immediate suit. Got letter from lawyer with 30 day opportunity to dispute.
My state has a 6 year sol for all accounts. My question is:
If the account has been over the CL for at least 7 years is this considered a breach of contract and the start of the run for sol
My state civil statue says "method of calculating shall be computed from the time the cause of acction accrued to the time the claim is interposed. There is also a portion (not sure if I can use it) which states that and account which is open current and mutual it is the last transaction. Account has not been Open mutual or current for 7 years.
I am having a very hard time finiding a lawyer who seems to know any of this ....seems like more knowledge here.
Any help would be so appreciated balance is pretty high , I have written my own letter to JDB and can to lawyer as well but I really need to know if I have a leg to stand on before I send these off.
I would be so appreciative of any suggestions.

[centex]

The ability to use the card is not likely going to be a factor. The question you need to be able to answer from your statements is whether your payments after going 30-60 days late brought the account current in terms of what was due. If they did, then you were likely extending the period from which the clock for SOL on litigation would begin to toll...

That said, you need to spend some time reviewing case law in YOUR jurisdiction. Have the courts applied the open, current and mutual provisions to credit card accounts?

Yours is a complex case that simply does not have enough information in the post with which to give a more thorough answer...

[rob22]

Hi , Thanks for your response.
There certainly would have been times in the last 7 years when the payment would not have been considered technically to be 30 or 60 days late. But if the account was continuing to climb over the credit limit was it not at that point and forever forward technically in default or in breach of the contract and at any time during those 7 years could not the creditor have demanded that this breach of contract be remedied by bringing the account under the credit limit?