Re: Lawsuit / SOL in New Mexico

Posted by LadynRed (199.91.33.254) on August 15, 2003 at 11:06:22:

In Reply to: Lawsuit / SOL in New Mexico posted by glassartist on August 15, 2003 at 09:27:43:

Use the expired SOL, it is your absolute defense to beat the lawsuit. You don't need case law, you don't even want to bring it up (opens the door for the plaintiff to use other Case Law against you). All you need is the NM statute and a copy of the Truth in Lending Act that CLEARLY defines credit cards as Open-ended - NOT written contracts.

If you go to WhyChat's site (see Newcomers post), you'll find the appropriate NM statute and a link to the TILA. Take copies of both to court with you. WhyChat also has links and info on how to Answer a lawsuit for SOL debts.

Bankruptcy is FEDERAL , not state. Credit cards are unsecured debts and they MOST CERTAINLY ARE dischargable. The BK laws have not changed yet (and hopefully won't !) - whoever told you that is misinformed !

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