SOL questions... whom should I call/write

[Anonymous]

I received a letter from a law office advising the following; 

"A complaint was filed against in in ***** County.  You may avoid being formally served with a sommons by contacting our office and setting up  a payment plan to resolve this account.  However, if we do not hear from you within the next ten (10) days, our client may instruct us to proceed with having you formally served, and requiring you to appear in court."

I do owe creditors but I honestly was not aware or should say have forgotten that I owed this debt to my old credit union.  I just called them directly to see what I owed and on what.  I have a balance of $488.26 from an old revolving credit line that I took out to fix my car and an $18.00 negative balance in my savings account.  I asked when the last payment was made but the rep could not see that information.  He said that the last time my account was updated with any information was in 2003.  So basically I know that the absolute latest date that I made a payment was sometime in 2003.  I have the understanding that the account is out of the SOL and it does not appear on my credit report in any way.  

I looked up the case # that the letter provided and I can see where the credit union has tried to serve me several times since 2003 but was never successful.  What should be my plan of action?  Do I call this lawyers office and tell them they are out of SOL and anger them or just wait to be served and then show up in court using SOL as my defernse?

If I wait to be served but somehow never do.... are they able to take the case to court and get a judgement without me ever being served???  I guess I am fearful of them going to court and me not knowing anything about it just like I did not know they have been trying to serve me with papers now for years.  If I were to settle with them would they then report to my credit???  I obviously don't want to pay on a debt if they are going to start reporting to the bureau again because of it.  

Any guidance is greatly appreciated.  

[pizzadude]

If you are absolutely certain that this debt is out of SOL then I wouldn't see any issue with calling and letting them know that you are aware of the fact that it is out of SOL.   They might be more willing to negotiate a settlement.

However it would probably be worth your time to have a discussion with an attorney in your area to determine if you are really ok ~ if I am understanding you correctly a lawsuit was filed but you weren't served, so I guess it was just delayed or suspended.    I don't think that anyone can know for certain how the SOL works in this scenario without a clear understanding of your local laws and procedures.

[AZHeather]

If the suit was filed in 2003, then they likely met the SOL for filing their Complaint.  Provided the case is still open (strange, but could happen) and they have gotten extensions for service, then they could still serve and pursue the case.  I would definitely seek local counsel for advice.  They should be able to pull the case and give you a better idea of what has taken place and what can still happen, if anything.

[RobertEG]

Contact the office of the clerk of the court.  You are entitled to any information related to any legal action that may have been brought before the court.

It sounds phoney to me.  Easy to confirm........

[lazerz69]

If court records show that the attorney has attempted to "serve" you since 2003, there is a good chance that the complaint, (lawsuit), was filed within the SOL. You NEED to IMMEDIATELY get a consultation with a local attorney who can advise you on the SOL and other affirmative defenses in your jurisdiction. If you call the attorney and challenge them on the SOL and you are wrong, they will just serve you and you will be forced to appear, or they will obtain a default judgment against you and they will have the ability to begin "real" collection activities, including wage garnishments and bank levies.

[GregB]

SOL can be a defense in court if they sue you after it expires. Generally, if they have already sued, then it no longer means anything.

Did you check the information with the COURT?

[Anonymous]

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@GregB wrote:

SOL can be a defense in court if they sue you after it expires. Generally, if they have already sued, then it no longer means anything.

Did you check the information with the COURT?

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I am working on it now.  The clerk of court website has been down all night and even now this morning when I checked it.  I wanted to look at everything again before calling.  What if they were serving me for mediation... does that still count as being sued?

[pizzadude]

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@Anonymous wrote:

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@GregB wrote:

SOL can be a defense in court if they sue you after it expires. Generally, if they have already sued, then it no longer means anything.

Did you check the information with the COURT?

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I am working on it now.  The clerk of court website has been down all night and even now this morning when I checked it.  I wanted to look at everything again before calling.  What if they were serving me for mediation... does that still count as being sued?

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I think you'll have to talk with an attorney in your area to really understand this situation, there are too many unknowns and we don't know your local laws and procedures.

You should be able to get a free initial consultation with someone, hopefully they can let you know where you stand.

[lazerz69]

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@GregB wrote:

SOL can be a defense in court if they sue you after it expires. Generally, if they have already sued, then it no longer means anything.

Did you check the information with the COURT?

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This is not true.  The only way the SOL would not work is if the creditor already obtained a judgment.  At that point you will NEED to IMMEDIATELY seek the advise of an attorney in your area to discuss the issue of vacating the default judgment.

If you have been sued, but not served, then most likely no default has or can be entered.  This means that you will have the opportunity to file an answer.  In the answer you will assert your affirmative defense including the SOL if applicable.

Again, you need to immediately seek the advise of an attorney.  There are specific time lines you must follow.