Re: "Judgment After Sol" (Curious)

Posted by Why Chat (209.240.205.60) on January 05, 2004 at 07:53:41:

In Reply to: Re: "Judgment After Sol" (Curious) posted by Judgmental on January 05, 2004 at 06:02:23:

A legal defense is not the same as a "contractual" defense.

If for instance, you had a student loan agreement (not through the Fed. studen loan program, which is a completely different set of rules and laws) that said, " as long as you were i school the payment on this computer system is delayed or suspended" -- that would be sustainable legal defense to show tht you were deprved of due proccess, as contract provisions of that type are not part of the basic cause of action of breach that is brought for non payment.

In SOME cases, if for instance you were sued within SOL, and you could prove that the CREDITOR had breached the contract prior to your default,you MAY have a good defense.( as in reducing your line of credit, and putting you over limit, when you had not missed a payment).

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