Validation & S.O.L.

Discussion in 'Credit Talk' started by lbrown59, Jul 1, 2004.

  1. lbrown59

    lbrown59 Well-Known Member

    Can a debt beyond SOL be Validated ?

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    Who goes first ?
     
  2. pd11604

    pd11604 Well-Known Member

    Validation is a statement by the creditor identifying the debtor, and providing a true accounting of the amount due

    Since a debt remains a debt until it is paid, forgiven, or discharged in BK, it can be validated at any time.

    The SOL is only an "affirmative defense" to a lawsuit seeking judgment on the debt
     
  3. lbrown59

    lbrown59 Well-Known Member

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    >in other words it can still be valided however validation does not prove it is legally collectable correct.<
     
  4. pd11604

    pd11604 Well-Known Member

    I just gave you my understanding, i'm no lawyer!



    >>>in other words it can still be valided however validation does not prove it is legally collectable<<<

    I think that validation does not prove that a debt is legally collectable, but "proper validation" showing account statements, and payment information could be used to show that a debt is past SOL and thus is not collectable

    does this make sense?
     
  5. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Validation & S.O.L.

    I think so.
    Validation and proof aren't one in the same.
     

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