Re: Being sued in Missouri....help!

Posted by dixiedrifter (69.21.62.134) on November 21, 2003 at 00:13:09:

In Reply to: Being sued in Missouri....help! posted by bondgirl on November 20, 2003 at 23:19:23:

There is something called the statute of limitations. It is the time a company has to file a lawsuit against you. If that time has passed, you can use that as an affimative defense to get the lawsuit tossed.

In the case of Missouri, it is 5 years for credit cards, 4 years for repo's, medical bills, goods and services under UCC(I think)and 10 years for written contracts.

Even if the accounts are still in the applicable statute of limitations, there are other legal principles that you can use to fight the lawsuit.

Now you must file an answer with the court. An answer is a legal document. Should you fail to answer the court, you lose may lose the right to assert any of your affirmative defenses, and you will lose by default.

Not to steal wind from this board, but on Creditboards there is a long thread on how to answer a lawsuit.

http://www.creditboards.com/phpBB2/viewtopic.php?t=16096

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