Re: "open" under the DLA/why chat someone please answer

Posted by Keyser Soze (152.163.253.37) on July 14, 2003 at 19:48:52:

In Reply to: "open" under the DLA/why chat someone please answer posted by mimi on July 13, 2003 at 13:42:42:

Dear Mimi;

The state in which you currently reside makes a big difference. Statutes of Limitations for a creditor suing you vary from state to state. South Carolina and Colorado have a three year statute, in Florida it's four although the lawyers and Judge Cracker will lie and tell you it's five, by virtue of being a written contract which a credit card by federal definition is not.
The debt can be reported for seven years to CRA's after which it should fall off. If the debt is still reported you can sue for damages. As far as being sued, once past the SOL a creditor can still file suit but they cannot collect, some states penalize lawyers for filing such nuisance suits, and you can countersue for damages.

You can check the statute of limitations for your state by going to statute section on this board.

Why would a creditor sue past the statute? Simple. Most people haven't the foggiest notion of their rights under the law. They fear being hauled into court and sometimes just fork over the cash shortly after receiving the summons. Sometimes they don't bother to show up in court and the collector wins a default judgement.

Sad really. When the debt is past SOL it's worthless in the eyes of the law and those who know it. And by visiting this website you now know as well. This is why no pig-gut parasite two-bit collection larva is ever going to get one penny of your money, and if they try you may well countersue and profit handsomely.

Profitably,

Keyser Soze

"I'm oughta here."
- Dan Metzheiser, "The Usual Suspects" c. 1995

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