Re: being sued by a collector
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Posted by edoggie
(184.108.40.206) on November 07, 2002 at 06:57:25:
In Reply to: being sued by a collector posted by angie on November 06, 2002 at 23:54:36:
You must use the Statute of Limitations as an affirmative defense (whatever that means). That's where I messed up when I got sued. The debt was past the SOL but I didn't know about it. The judge won't do it for you.
You can also countersue this attorney for trying to collect on a time barred debt which is a violation of the FDCPA. It has been upheld in several courts that this is a valid debt since the "legal status" of this debt is no longer legal (past the SOL).
You also might need proof of your last payment so you can show the SOL is up. Read redvan's post a few days back where she just won her case because of the SOL.
Wait for Why Chat to respond. You'll get better info than I can give.
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