Re: Debt Collection
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Posted by LadynRed
(199.91.33.254) on September 15, 2003 at 13:27:07:
In Reply to: Debt Collection posted by GrannyNKY on September 15, 2003 at 09:35:26:
Unfortunately, until YOU use the expired SOL as your defense, the state doesn't care, really. Someone file a lawsuit against you per the law, and the courts carried it thru per the law and you were served. This one should be relatively easy to defeat. If you truly have not paid on this debt in TWELVE YEARS, then the SOL was up 7 years ago ! Since it has gone as far as a lawsuit, you're going to have to file your Answer to their Complaint and use the SOL as your affirmative defense in your Answer. With any luck, it will not get to court, it'll be dismissed before it goes that far. WhyChat has information on how to answer a lawsuit for out-of-statute debt, just follow the link below. Complete instructions are included. If this company is making threats and being nasty, record their calls, or at least document their abuses. They are violating the FDCPA and could also be violating laws protecting Sr. Citizens as well.
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