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Question About SOL


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Hi all,

I am in the process of gathering info to defend myself in a Civil Court in NY. Since this lawsuit is quite hopeless for me to win, I did not hire a lawyer. I'd save up the lawyer fee to pay for the judgement. After all, no one can garish my pay because I haven't receive any contract since late last year. However, I have enough in the bank to pay for max judgement at once(Let's just hope I won't end up living in the street.).

Anyway, here is my question. The account was opened in California many years ago. The account was charged off in 1998 when I was still in California. Now, the collection agency is suing me in NY. As you might know, the SOL in CA is 4 years and 6 for NY. In my case, should the court base the SOL in CA or NY?

By the way, if any of you have other tips you would like to share, please let me know. Thanks in advance.

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I was somewhat in the same situation you are now.

1st)

My advice to you is as follows, if you can't get a lawyer to

defend you then settle before going to court. DON'T GET A JUDGEMENT, AND DON'T SETTLE FOR A JUDGEMENT, IT LOOKS REAL BAD ON YOUR CREDIT, only %14 of the population have a judgement.

2nd)

Go to the book store and get some info on how to respond to the

judgement.

3rd) Send them a letter that your willing to settle for a given

amount and if they drop the case: Again if you have money SETTLE

before you get a judgement.

4th) If you go to court:

1. Make sure you have a letter saying that you tried to settle.

2. Bring up the SOL and that you are from CA

3. Get a book on how to respond to the suit before go.

4. I think your only defenses are)

1. SOL

2. VALIDATON

3. HOW THEY SERVED YOU

4. YOU TRIED TO SETTLE BEFORE COURT DATE?

5. TELLING JUDGE THAT you would like to settle without

judgement!!!!

... What ever you do avoid a judgement, you don't want to fall

into the %14 category

I'm not a lawyer, but I'm in the situation your going to be

in if you loose.

... Remember, Municipal Court is for the BIG BOYS AND GIRLS!!

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ADSOFT,

Many thanks for your post. You gave me a lot of idea on how I should prep for this lawsuit.

Right after I submit my answer to the court, I sent a letter to the lawyer and seek for a settlement. However, I receive no response from them. Now, the court date is about 5 days away from today. I am sure they are looking forward to slaughter me in court. They probably figure they can get more money out from me via court than out of the court.

You know, I have been looking for the current owner of this account for years. In fact, I make sure my info on CR is up to date so they can find me. I want to settle this old debt and put the past behind me. However, the first and only thing I ever receive from the collection agency was a Summon. Oh wells.

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Sakiawarner,

Thanks for the info and the quick tip.

Well, I have been doing some research on the SOL matter. I remember I read it somewhere that if the debtor lives in different State than where the contract is originally signed, the Plaintiff can pick and choice the one with the longest SOL period. On top of that, I am not sure if the Judge in NYC Court system would utilize the SOL in CA. Regardless, I'll raise this issue to the Judge on Wed. I certainly hope you are right so they can't slap a Judgement on me.

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I just got back from the court. The case was settled before the preceeding. No, I did not receive a huge break dollar wise. I am just glad this is all over. I am so happy I even wrote a check with the full amount on the spot!

By the way, I guess there will be no judgement on my CR! I wonder why the lawyer did not bother to contact me prior to today....

Many thanks to everyone!

[Edit by slacker on Wednesday, April 16, 2003 @ 09:32 AM]

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