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Re: why chat-lender scared collectors will sue want letter from attorney


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Posted by Why Chat (209.240.198.61) on January 12, 2003 at 18:12:12:

In Reply to: Re: why chat-lender scared collectors will sue want letter from attorney posted by morgan on January 12, 2003 at 17:38:05:


The "4 year" SOL has some restrictions, the major one being it is NOT automatic. Even though Ca. is a State whose own FDCPA actually BANS creditors from filing an age-barred claim, even THAT law has it's loopholes.

Please remember, that the SOL defense is just that -a DEFENSE- it must be affirmed if someone is sued. Plus, if someone has been out of State, or in the military, the time spent away is "tolled".

Any affadavit needs to clearly state that the person is not subject to tolling and swear that they WILL defend at their own expense, any time-barred lawsuit.


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