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Re: Deficiency

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Posted by LadynRed ( on September 03, 2002 at 13:15:10:

In Reply to: Deficiency posted by Jenna on September 03, 2002 at 12:55:16:

NO ! Do NOT pay them anything.. yet ! The Statute of limitations on debts in NJ is SIX years. If the last time you paid anything on this debt was 1988, then the SOL expired in 1994 or possibly 1995 ! If you have proof that the last payment was more than six years ago, then you can send this 'attorney' a cease and desist letter telling them never to contact you again about the debt as it is time-barred. Send it certified mail, return receipt requested so you have a paper trail.

They cannot LEGALLY sue you for an expired debt. If the DO try, you go to court and cite the expired SOL as your defense and the case will be thrown out.

BTW, they can't garnish unless they win a judgement, and in this case, they can't win that judgment over an expired debt.

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