SOL, based on current residence?

[OaimeeO]

I have been served with a notice of suit from LVNV in regards a Sears account that defaulted back in 2002.  This card was opened when I lived in MA, which has a SOL of 6 years, but I currently live in RI which has a crummy SOL of 15 years! Does the SOL abide by the state you currently live in?

Also, the day I received the papers I contacted the suing lawyer for documentation on what the matter was about and they wouldn't give me any info except that it was for a Sears card.  I requested updated info on the contract and they stated that they were not supplied with any of this information. I probably would have agreed to settle out of court if they had documentation, but now I am stuck going to the hearing.  Is it common for the company to settle for less than the suit during the hearing? I probably should have contacted a lawyer, but didn't think I could afford one. If they cannot provide documentation, will the judge still grant a judgement?

[RobertEG]

The statute of limitations that the court must use in any action is that of the jurisdiction where the action is brought.

The FDCPA specifically provides a debt collector the option of bringing legal action in either the state of current residency of the consumer, or in the jurisdiction where the conract that initialy created the debt was signed.

In your case, they have already filed, so the prevailing SOL will be that of the state where the action was filed.

Did they file in your state?

As for settlement, that is up to the parties.  The plaintiff, if prepared for trial, need not make any concesstions other than acceptance of full payment.

If you show up and pay, then you can motion for dismissal.

If you request any terms other than full payment, the plaintiff is entitled to trial, and you will have the opportunity, as part of pre-trial discovery, to request the court to order the plaintiff to present any relevant documentation.  If the judge agrees that the information is relevant, he/she will order the plaintiff to provide the requested discovery.

If they cannot do so, that becomes part of your defense.  If the judge determines that it is essential to support the plaintiff's allegation of a debt, then the judge will most likely rule in your favor.  it depends upon what the "documentation" is, and its importance in making their case. 

[OaimeeO]

Thank you very much for the reply! I guess I am hopeful that they will come unprepared to court, but I have the funds available to pay in full in order to have the motion dismissed.  I would hate to end up with a judgement on my report when we are hopeful of refinancing before the end of the year.

[OaimeeO]

Went for the small claims court date, and of course LVNV had not provided their lawyer with any documentation! The lawyer tried to settle with me before going into the court room, but I said no.  After all the cases had been called for check in we went back in the hall and she agreed to dismiss my case! But I told her I wanted it dismissed with prejudice since there was no information on the debt and I didn't want to be called back in another year over the same thing and miss work again. She said no. I told her when we went up to sign with the judge I would explain to him that I asked her to file with prejudice and my reason being lack of evidence. We went back into the court room and the judge was very hard on a few of the other lawyers who weren't well prepared.  The lawyer pulled me back out and granted the dismiss with prejudice because she STATED the judge will be too hard on her and probably grant it anyway!!! YAY! Thank you to this board for all the reading I have done over the past few weeks about fighting this judgment!!!