Re: SOL

Posted by CardReport.Com on November 02, 2000 at 22:59:59:

In Reply to: SOL posted by Tony on November 02, 2000 at 12:20:05:

Yes, it definitely is absurd for them to claim that
there is somehow no longer any statute of limitations,
simply because you moved. This also indicates that
the collection agency is generally inclined to tell
obvious lies, in the hopes that they can get away
with doing things that are legally inapproriate.

When being sued, the first move is to consult an
attorney. It is very important for you to file a
properly formatted, official response with the
court, by the due date. This tends to be a general,
blanket denial of all of the accusations in the
Complaint (which you should have received along
with the Summons.) In this type of situation, your
response would also point out that the statute of
limitations has expired, (perhaps mentioning that
this is true for both states involved) and thus
you are requesting that the suit be immediately
dismissed by the court on that basis.

As I understand it, the fact that they have sued
you on an apparantly out-of-statute debt is *not*
in itself a legally prohibited action. Although
the expired SOL should give you an absolute defense,
as long as you actively bring it up. But you may
possibly have grounds to counter-sue for them
having *lied* about the legal status of the debt.
Check out our *Credit Laws* section for information
on the Fair Debt Collection Practices Act.

Good Luck.

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