Cavalry filed suit against my wife Help!

[redbeard]

They filed because they did NOT want to violate the statue of limitations.  Unfortunately, your thinking is backwards.

Date of First Default (DOFD) is what starts the clock, not date of last payment.  DOFD is usually 30+ days after date of last payment.  This is why they filed when they did, they had 15 days to go till SOL ran out, they had little choice.

I would definitely work on getting this settled, at this point, you are running up additional costs.

Dan

[Anonymous]

Does it even makes sense to get a lawyer and try to win this and pay lawyer fees and waste more time?...if you have the money, just pay it or try to settle directly with them for less.

[Anonymous]

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@redbeard wrote:

They filed because they did NOT want to violate the statue of limitations.  Unfortunately, your thinking is backwards.

Date of First Default (DOFD) is what starts the clock, not date of last payment.  DOFD is usually 30+ days after date of last payment.  This is why they filed when they did, they had 15 days to go till SOL ran out, they had little choice.

I would definitely work on getting this settled, at this point, you are running up additional costs.

Dan

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You may be correct - then again you may not be. It depends on the laws in his state of residence. In Texas for example, the SOL statutes specifically state that SOL begins from the date of the last payment. Most states do, however, begin the SOL clock at the first default.

OP, I would suggest contacting a lawyer from NACA (consumeradvocates.org) and at least getting a consult to see what the laws are where you live and find out where you stand.

[redbeard]

I think we are saying the same thing.  As I understand Texas, its actually 30 days (next payment) after the last payment was made as the start.  They just better define what DOFD is in the eyes of the court.

It may sound like nitpicking, but this is exactly why the lawsuit was filed when it was, to avoid crossing the SOL boundary.  Its definitely worth researching, but I'm assuming Calvary knew what they were doing.  

Either way, it puts it in the category of something not to be ignored.

Dan

[Anonymous]

Personally, I would never assume they 'knew what they were doing', they would not be the first CA to sue a person past SOL.

[Bankrupt2019]

I have talked to a lawyer. He has informed me in my state SOL begins at date of last payment. He will be drafting letters to the court and collection companies Lawyer as well. Thanks everybody for your advice. I will keep you posted on results.

[Anonymous]

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@Bankrupt2019 wrote:

I have talked to a lawyer. He has informed me in my state SOL begins at date of last payment. He will be drafting letters to the court and collection companies Lawyer as well. Thanks everybody for your advice. I will keep you posted on results.

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Best of luck! and yes, please keep us posted!

[Anonymous]

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@Bankrupt2019 wrote:

I have talked to a lawyer. He has informed me in my state SOL begins at date of last payment. He will be drafting letters to the court and collection companies Lawyer as well. Thanks everybody for your advice. I will keep you posted on results.

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Good luck!! Hope everything works out.