You have to plead and prove SOL
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Posted by begoodorelse (66.207.255.28) on March 03, 2004 at 08:49:47:
In Reply to: Re: Get a lawyer but if not possible try this ... posted by SunnyD on March 02, 2004 at 13:54:51:
It's not an automatic thing. SOL is what we call an "affirmative defense" and you can only assert it after you're sued. You then file an answer that includes language like "the statute of limitations is 4 years and has run" and attach your evidence to it, such as a credit report showing DOLA more than 4 years ago. So SOL is stronger in that it kills the case no matter if they were right in the first place. If you also have evidence showing you didn't owe it in the first place, that is great, but SOL is the quickest, easiest, and surest way out. Hope it goes well, and try to get counsel--this is just one of those times a lawyer really helps.
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