and it is past SOL -- say I don't owe the debt on your response (you don't they have no legal right to collect) YOU DON'T OWE IT!!!!. You must 'appear' in court - and either submit a written (3 copies - YOU, 1-Judge/Court, 1-Plaintiff) Motion to DIsmiss for "Statute of Limitations has expired" or make a verbal motion. Judge will review what paperwork you have or the plaintiff's (if they even have any) - it may take a whole 30 seconds because he is looking for only 1 thing (Cause of Action date) might ask a few questions - and then dismiss it for 'cause' --- meaning they can never re-file and if they do you just toodle on into court with the dismissal and it goes bye-bye again - and then sue the crap out of them for hasrrassment, false filings, etc (and file complaints with the bar too).
An expired SOL defense is the most slam dunk that there is - don't mess it up.
There are exceptions to SOL having run (called Tolling) - but if the creditor never tried to file before SOL expired then you win, If they tried to file and couldn't serve you tolling may be in effect, If they bought the debt after SOL expired they are S-O-L (the other one).
Message Edited by Lady_Scarlet on
02-10-2008 06:27 PM
