Statute of Limitations

Discussion in 'Credit Talk' started by snuffels, Sep 15, 2003.

  1. snuffels

    snuffels Well-Known Member

    Can someone tell me why a creditor and their attorney would persue me by taking me to court when the SOL has past. Yes they have been told the SOL has come and gone. Am I missing something here ? I look at this as harassment and may want to take them to court.

    Feedback please
  2. Hedwig

    Hedwig Well-Known Member

    They would pursue you past the SOL because they think you'll pay anyway. But if you've told them you know it's past SOL, they should drop it.

    I see two choices. Send them a cease and desist (this time it can be a full one--let them sue you) or you can sue them. If you sue them, you may get some money but you have to go through the courts. If you C&D them, they should just go away. Then if they CONTINUE to contact you after the C&D, sue their pants off!! I mean big bucks for harassment and violating your right to privacy and anything else you can think of to throw in there.
  3. snuffels

    snuffels Well-Known Member

    Thank you for taking the time to respond. I will file suit within 30 days. They have sued me and a court date is in December. They are in Massachusetts and I am in New Hampshire which is where I got the court papers for small claims. Can they do that ??
  4. Hedwig

    Hedwig Well-Known Member

    I think they can do that. BUT--you need to either show up for that trial or make sure you have a lawyer that shows up. The SOL will be a defense, but you have to bring the defense. So you have to go to court and tell the judge it's past SOL so he can dismiss it.

    Did you live in MA when you got this account? Is it past SOL in both states?
  5. snuffels

    snuffels Well-Known Member

    Yes I lived in Massachusetts at the time. And The last time I looked up the SOL for that state it was 6 years. I need to somehow find what the SOL is in New Hamsphire for a open account classification. Where is the list of SOL by state ??
  6. Why Chat

    Why Chat Well-Known Member

    SOL is an absolute defense IF it is USED as a defense in your answer to the Court. Your "suing" them will not help you.

    You can go to my website, scroll to the bottom, and click on "How To Answer A Lawsuit".

    Were you actually served at your current address,or was the service forwarded to you by someone else?

    How did you "notify" them you were beyond SOL? and which State's SOL were you using?

    You should certainly appear, if you can, but go prepared to PROVE that the SOL was not"tolled".

    My website also has ALL the States CORRECT SOL's with their statutes.
  7. Hedwig

    Hedwig Well-Known Member

    Why Chat knows much more about this than I do, so follow his/her advice!
  8. snuffels

    snuffels Well-Known Member

    Over a year ago I received a letter from their attorney. I sent him a very specific letter with the facts and that SOL was up. Well, here we are a year later and I looked at credit report and find the account on my report of which I disputed. Once I disputed they got their attorney on the phone and here we are again with the same lawyer a year later.

    I received a regular US mail from the court. This same attorney was notified a year ago and I never heard from him again but I notice that his anme is on the court document. Its possible he forgot what he was told on this a year ago as I am sure he does not keep records that good or he simply never referred back to my letter.
  9. Why Chat

    Why Chat Well-Known Member

    I have on my website a specific "Notice Of SOL" letter, which if you had sent it, or anything similarly worded, CRRR, could have been presented in Court for your defense, and could have been used in a countersuit against him for abuse of proccess and violations of the FDCPA.

    If you have kept a copy of you letter, and if you have ANY acknowledgment from them in writing that they received it, then yes, you have VERY good grounds for a countersuit and can probably find a consumer lawyer to represent you in both your defense of the lawsuit against you, and in a countersuit.

    By the way, IS this a consumer credit card debt? Plus- your "time-line" is strange-- you notified the CA lawyer over a year go that you were beyond the Mass. 6 year SOL-- but it is STILL on your credit reports today??
  10. snuffels

    snuffels Well-Known Member

    Yes its on the credit reports today. Get this...they reinserted and put a different account # on it this time for the same amount. The 7 years passed over a year ago and was dropped off my credit report. I sent a letter to Equifax on 9/3 with copies of everything asking them to delete. To date they have not done a thing by notifying me nor have they marked my report as a dispute
  11. Why Chat

    Why Chat Well-Known Member

    HMMM- You say this was sent "regular mail" from the Court? You didn't have to sign for it? That is against the Mass. rules of service.

    Call the Court, and see if thee actually IS a filed claim against you, or if the whole thing is bogus.

    If it is really a filed lawsuit, then the CA is a real scumbag and deserves to be sued up the wazoo.

    With all the violations he has piled up, you should have little problem in geting a lawyer in Mass. to help you nail him.
  12. snuffels

    snuffels Well-Known Member

    Finding a lawyer in Massachusetts is a problem for me so far. I have looked at several web sites and still cant find anyone that knows the credit bureau laws or the fair debt reporting act. I want an experienced lawyer and not one that needs to have on the job training on all this.

    any ideas out there for massachusetts

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