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Re: Judgment granted after SOL?


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Posted by Drew (24.59.27.46) on January 05, 2004 at 00:01:44:

In Reply to: Re: Judgment granted after SOL? posted by J Kelly on January 04, 2004 at 23:25:08:

Correction. They can file a lawsuit on you in most states after the STATUTE OF LIMITATIONS has expired. If you don't file a response with an affirmative defense such as the statute of limitations has expired, then they can win the case. It is up to you to respond and file the affirmative defense and ask for dismissal.

This is important because in many states it is not ILLEGAL to file a lawsuit on a time-barred debt. However you have an affirmative defense.

http://www.carreonandassociates.com/states.htm

In CA it is illegal to file on time barred debt. In Wisconsin, it is illegal to even attempt to collect on time-barred debt.

Pull your case file. IN many cases, CAs will file on time barred debts and serve the debtor at very old addresses so they don't get notice so they can get default judgments. Then they wait until the SOL on appealing is past before they enforce the judgment.

Check your courthouse and ask for the records.

Good luck.


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