Re: I'm being SUED!!!!!!

Posted by Linda on July 16, 2001 at 12:17:59:

In Reply to: I'm being SUED!!!!!! posted by Lynette on July 15, 2001 at 23:53:44:

The statute of limitations for written contracts in TN is 6 yrs from the date of last activity (the date you wnet delinquent) of the date the debt was written off, whichever comes first.

Get all you paperwork together, take it to court. If this is past the SOL, the judge will throw it out. Even if it is not past the SOL, show up in court. If you do not show up, they will be granted a judgment by default (that means because you weren't there.) Chances are, if you do show up, even if you owe the money and it is not past the SOL, when you tell the judge that you were willing to pay, but were never billed, he will make them work with you instead of granting a judgment.

If the CA wants to settle before you go into court (they may try to catch you in the foyer or the parking lot) don't do it unless they give you a statement in writing that the debt is paid in full, any derogatory items on your credit report will be deleted and they will not attempt to collect any more money from you related to this debt. Matter of fact, if your debt is not past the SOL, have the agreement all typed up and ready for them to sign, and take a cashier's check with you for the amount you are willing to pay in order to settle. Since you will be at the courthouse, have the agreement notarized, hehe.

That's what I would do.

Linda

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