Used WhyChat SOL defense and here's what happened
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Posted by SunnyD
(12.26.189.227) on September 24, 2003 at 08:23:15:
I got sued by CA attorney on August 18 and had the complaint and summons letter delivered by a sheriff. It turned out to be past SOL. Went to WhyChat's site and used the past SOL defense. Wrote to WhyChat and posted on this board to confirm SOL position. Attorney (Florida) got the SOL defense letter and wrote back on September 2 as follows (verbatim quote from part of the letter) : ......... "we both know this is a simple credit card debt and none of those fancy law apply. The question is, would you like to settle this now for a reasonable sum, or allow Judgements to be entered for a much larger amount. If you have any interest in settling this on very reasonable terms, please call to discuss...
Trusting we can stop playing legal games and resolve this debt ....." I did not write or call back and he has not written back (today is September 24). QUESTION : Can he still get a judgement ? I'm assuming not since I replied with an affirmative defence within the 20 days. QUESTION : How long before the lawsuit "times out" and is dismissed ? When should I go back to the court and request that the case be dismissed or will the court just do this and let me know ? ALSO -- First off : Big *THANK YOU* to WhyChat and other helpful souls on this board. I called about 5 attorneys before coming to this board and they all said that (1) CC application is a contract (2) Therefore SOL is 5 yrs
WhyChat especially burned away the fog that surrounds the SOL period for credit cards, and pointed out a number of statutes which put together show the SOL for CC in Florida is actually 4 and not 5 years. This particular attorney was trying to go for "this is a contract, and the lawsuit is being brought within 5 years" -- debt started in July 99. Second off : Please give to your local no-kill shelter, habitat for humanity or any chapter of the humane society. It is far cheaper than giving your money to scumbag attorneys.
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