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Re: STATUE OF LIMITATIONS LAWSUIT HELP!!!!


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Posted by lucy (199.35.45.159) on August 13, 2002 at 10:20:47:

In Reply to: STATUE OF LIMITATIONS LAWSUIT HELP!!!! posted by FLORIDA LAWSUIT on August 12, 2002 at 02:37:35:

Check back and read any post that is addressed to NEWBIES from WhyChat. Those usually have a live link to his site.

Are you being sued in SMALL CLAIMS court?

When you filled out the paperwork, which in your post sounds like long ago, were you still employed? Did you discuss your plans to quit your job with the lawyer who advised you to submit the paperwork? If so, did lawyer point out that if it would look bad to have an attorney, eliminating income might look worse? How are you paying for this 2-year program you've enrolled in?

Because not having money is definitely not a defense. My income was limited to about $67 a week when I was sued on a timely basis by a creditor.

The questions above sound nasty, but trust me they will have occurred to whoever represents your creditor in court, in some form or another. And if you rely on "no money" as a defense, they will be asked in one form or another.

The objective is to obtain a judgment, and you would have been in a much stronger position to prevent catastrophe down the road if you had remained on your job as head of household. A lot of slack can be cut regarding size of payments and interest on a judgment that is almost certain to be rendered, but not in your circumstances.

I didn't have a job, either, at the time, and (worse) had a disputed situation with my former employer that had unemployment benes tied up here, disability benes there, and any hope of getting a job forstalled by a horrendous recession that had 2000 people lined up for a single job opening as local front page news on the one hand and the acrimonious situation with my employer on the other making application awkward.

I left with a workable payment plan for half the loan balance, and the only real contention between me and the creditor was the way the summons had been served, because it was only an accident that brought it to my attention.

And if I had not been so stupid about the way I insisted that my ex (who was gainfully employed) continue to pay for the loan I got for the car he needed to get to and from work, no further trouble would have come up.

Ladies, gentlemen, whoever is foolish enough to finance or cosign auto loans for people who can't qualify, pay heed.

Make whoever it is pay YOU on a schedule well before the due date, and send the payments yourself. That way at least you will KNOW if and when the account goes into arrears.




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