The SOL Defense-The Laws & The System
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Posted by Why Chat (12.77.180.166) on August 23, 2002 at 17:42:14:
A little knowledge is a dangerous thing, but sometimes too much knowledge can be more dangerous. I have tried to inform on the subject of SOL, and other defenses against ca's, however, I have ALWAYS said that someone who is being sued should do their best to get a lawyer in their own State. The truth of the matter is, these kind of cases do not make "case law" do not lend themselves to a pro se defense, and frequently are lost because the debtor gets so bogged down in the "laws" they forget the practical politics of the court system. If you go to your State's court dockets, many of which are on line, and look up any of the ca's who are doing the suing, you will find that in MANY of the dismissed cases there was a lawyer for the defendant.In ALL the other cases, there was either a default judgment, or the case was withdrawn due to mediated settlement.There is NO case law established,as nothing was ever tried. The ca lawyers who prosocute these cases are the bottom rung of the legal ladder, any COMPETANT defense,clearly stated, with a large print copy properly bound for the judge, and giving the basic STATE statute #'s and NOT the whole Bible of the FCRA,FDCPA,TILA and volunteer forum advice should prevail. The reason you find no "case law" or qualified lawyers to defend you, is because this area is one short step above traffic court,there is NO case law because it never gets to that point, the ca's bring it into a court venue other than small claims court, which would be more consumer friendly, and the judges are generally VERY annoyed at some amateur quoting Federal laws at them. The reason I put the SOL letter on my website, is because it is an effective tool to PREVENT a lawsuit from being filed, and an effective DEFENSE if one IS filed, as you can prove the ca lawyer had been NOTIFIED of the defense in ADVANCE and is still wasting the court's time and abusing proccess. I do not know for a fact of anyone's qualifications to give legal advice on this or any other public forum, I DO know that anyone who IS a lawyer, and gives legal advice without a disclaimer risks a lawsuit against himself, and, if he is doing it on his employer's clock, against his employer as well.
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