Advise Please RE: Court and Statue of Limitations

[Anonymous]

I did check with the court. There was a court docket number on the dv letter they sent me. I called my local courthouse and sure enough they had filed a complaint on 9/21. Weird thing is that's around the time they sent me a letter telling me they had decided to take me to court and was making a last ditch effort for me to fix the account prior to them filing. Looks like they had already filed.

When I received that letter I DV'd them. They sent me the two statements and the letter with the docket number. I called my courthouse and they told me they filed the complaint on 9/21 and they are waiting for the papers that I was served. 

[Anonymous]

Oops I must have misread your original post. Sorry for the confusion!

[Anonymous]

No worries

[redbeard]

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@Anonymous wrote:

Yes, they filed a complaint with the court on September 21st. I sent them a DV letter and they sent me two statements, one is for 2/2/2010 and states I had missed six payments so I'm assuming the last payment was August 2009 which corresponds with tu. I am thinking of sending them a letter stating the debt is time barred and letting the cards fall where they may. They have filed a complaint so I guess I just have to wait to be served.

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I'm not sure if I'm reading all this right, and again, my advice is to talk to an attorney.

If your last payment was Aug 2009, then the date of default would be 30 days later, when you miss the next payment.  This means Sept.  If you made a payment in October, this would potentially extend the statute of limitations out by a month (what is referred to as tolling) which would be why they filed with the court on Sept 21.

Now, I make a terrible 'google' lawyer, so you need to talk to someone who really knows and can help you respond when they claim they want to get paid, you claim its time barred, they claim it was tolled, the judge claims ?????    I just don't want you to feel to comfortable in the time barred defense without getting real help on this.  Hopefully it is.

Dan

[Anonymous]

Thanks.... I ended up sending them a letter stating the account is past sol. Still waiting to be served. 

[LadyJEsq]

Do not, I repeat, DO NOT wait to be served. I had heard stories about default judgments appearing on people's CR even though they claimed they had never been served. I thought that maybe they just didn't want to own up to being served, until it happened to me, THREE times. Each time I pulled the file and saw that they claimed to have served me when I was physically at work. And since I live alone, they couldn't have a valid SOP. Get proactive, pull your file and see if they show that they have served you. Do not trust this company to be honest and upfront with you.

[Anonymous]

Good to know. I think I'll keep calling the courthouse. Does anyone know how long they have to serve me?

[LadyJEsq]

I'd check your states Civil Procedures. If they filed though, it's a guarantee they plan to move forward with the suit regardless of what you have said to them.

Good luck and keep us posted!

[Anonymous]

Thanks... I did go forward and sent them the sol letter. I'm sure they will denied it and probably serve me then. But if I was already six payments behind as of February 2, 2010 then I would have been at least one month behind as of September 2009. Provided my math isn't faulty, the account would be past six years by September 2nd. They filed on the 21st.

[JagerBombs89]

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@Anonymous wrote:

Thanks... I did go forward and sent them the sol letter. I'm sure they will denied it and probably serve me then. But if I was already six payments behind as of February 2, 2010 then I would have been at least one month behind as of September 2009. Provided my math isn't faulty, the account would be past six years by September 2nd. They filed on the 21st.

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Sending the SOL letter to the company doesn't do anything for you, per se.  You need to bring up SOL as a defense in court, before they get a default judgement for "serving" you "properly" and you "failed to appear."