Re: Why Chat Please advice :SOL

Posted by Why Chat (209.240.205.61) on February 25, 2004 at 19:24:37:

In Reply to: Re: Why Chat Please advice :SOL posted by Holding Firm on February 25, 2004 at 18:16:29:

At this point I do not think it is neccessary to quote caselaw when answering a time-barred claim. Judges generally do not take kindly to pro-se defendants quoting caselaw.For this reason I do not include it in the SOL letter or the SOL defense.

I am going to be expanding the "How To Answer A Lawsuit" link with additinal affirmative defenses based on the principle of constructive default and unclean hands, and will use the cited caselaw for THAT.

The only thing I am going to suggest actually ADDING to any exhibits is a copy of the application or billing statement (back) from the OC which would have the required TILA language that puts it into an open end classification.It would be very difficult for any CA to argue that an account that was classified as open end when it was active could become a closed end "written contract" when it defaulted.

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