I got notice of suit today (HELP)

That is correct. The SOL simply provides an absolute defense against a suit. A creditor or collection agency can sue for anything, anytime.

It is up to you to know your rights, and in this case I know the statute of limitations provides me an absolute defense against suit. However, I still have to claim this affirmative defense in my answer to the suit, or else the court will get a default judgement against me.

Here is the copy of my answer letter. Granted, the paragraphs I am referring to wont' make any sense to you all since you can't read the complaint, but basically I claimed no knowledge on any paragraph referring to amounts due and interest, etc. but agreed to anything that has been proven, including that the account is mine and I stopped paying on it.

Let me know what you think.

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IN THE CIRCUIT COURT OF THE COUNTY OF PLATTE
ASSOCIATE CIRCUIT DIVISION
STATE OF MISSOURI

Money One Federal Credit Union,
Plaintiff(s),
vs.
jdog0411,
Defendant(s) )
)
)
)
)
)
)
)
)
) Case No.: xxxxxxxx

ANSWER, AFFIRMATIVE DEFENSES AND COUNTERCLAIMS

I.ANSWER
Defendant(s) answer the complaint as follows:
1. Admit the statements contained in paragraph numbers 2,3,5 and 9.
2. Lack knowledge about the truth and therefore deny the statements contained in paragraph numbers 1,4,6,7 and 8.

II.AFFIRMATIVE DEFENSES
Defendant(s) other defenses are: Plaintiffâ??s claim is barred by the statute of limitations.

III.COUNTERCLAIMS
Plaintiff owes defendant $_____because: not applicable


Defendant(s) request that this lawsuit be dismissed and that a judgment be entered against the plaintiff(s) for any counter-claims, costs, or attorney fees.


DATED this 2nd day of May, 2002.
_______________________

jdog0411, Defendant


jdog0411
(Address)
(Phone Number)



You what is rediculous about this whole thing? I responded to a letter from them telling them I would take the SOL defense if they sued me. So they KNEW that I knew my rights. I guess it is up to them if they want to wast the attorney's fees.

 

Take out the entire "counterclaims" section, or leave the "counterclaims" section there but blank?

 

I would love to counterclaim them on a FCRA or FDCPA violation, but they pretty much did everything by the book.

The account doesn't even show up on the credit reports. I had it disputed off long ago. The creditor had it sent to a collection agency (R.A. Rogers) who had listed on my credit reports, but when I requested validation from them, it got deleted when I disputed it. Then about two weeks later I got this letter from the law firm. I also requested that they validate the account, and I told them that if they sue me, I would use the SOL defense. That was about a week ago, and yesterday I received this summons. With the summons, they did provide the copy of the signed contract, the envelope that I mailed the appication in with my return address on it, and a computerized printout with a bunch of stuff like charge off date, last payment, and other internal information on the account from the Creditor's computer files. I think they pretty much validated the account. I don't see any violations to hit them. If any of you have any suggestions, I'm all ears.

 

So you are saying I should counterclaim them for suing me when they know the statute has expired? How is this a FDCPA violation, and do you know what the statute is that specifies that this would be considered harrassment?

I need to have concrete evidence of any counterclaims I would file against them since I am representing myself here. The more complicated this gets, the more chance I have of screwing this up.

Besides, my statute of limitations defense should be rock solid. Unless you all can see something that I'm not seeing, why would I need anything except the SOL defense in this matter?

 

No, the SOL in Pennsylvania is only 4 years. It is listed somewhere as 6 years, but that is not correct. The Missouri SOL of 5 years is actually the longest time period. In any event, the SOL is past for both states regardless of which one they use.

Since they are suing me in a Missouri court, the MO SOL would apply anyway.

And I don't think my validation letter caused this lawsuit. It might have, since the collection agency turned it back over to them, and then they went to the attorney's, but that doens't matter either. This account is beyond the SOL and they shouldn't be able to touch me unless they have some secret tactic that allows them to circumvent the SOL. I would like to see that.

 

I agree. The MO SOL is binding.

I thank you for your concern, but this is not a life or death situation no matter what happens! I will win this suit based on the SOL defense, and even if I do lose (which won't happen) I am out 1850.00. It's not like I'm losing my house or my livleyhood here.

In fact, once I file my answer, I may work out some sort of settlement anyway. They have no case and no chance of receiving a penny if they go to trial, so they will probably be pretty receptive to any deal I want to work out with them.

They way I see it right now, they dont' get a penny.