gregchad Posted March 20, 2007 Report Share Posted March 20, 2007 Hello. I have a client that wants to claim an SOL defense against a creditor. What can the client expect if we make this claim. (Jurisdiction = Washington DC). I know the creditor can sue, and we can claim the SOL affirmative defense, but is that likely to happen? Thanks for your help. Link to comment Share on other sites More sharing options...
qtptute Posted March 20, 2007 Report Share Posted March 20, 2007 Depends on who it is. Who is suing your client? Link to comment Share on other sites More sharing options...
Recovering Attorney Posted March 20, 2007 Report Share Posted March 20, 2007 ????? Link to comment Share on other sites More sharing options...
gregchad Posted March 21, 2007 Author Report Share Posted March 21, 2007 Noone is suing my client yet. I am just wondering if, in a conversation, with a creditor, if you claim that the Statute has run, and the client no longer recognizes the debt, is it likely that the creditor would sue anyway?Thanks. Link to comment Share on other sites More sharing options...
divemedic Posted March 21, 2007 Report Share Posted March 21, 2007 Attorneys don't know about SOL as a defense? That is surprising. Link to comment Share on other sites More sharing options...
unusualsuspect Posted March 21, 2007 Report Share Posted March 21, 2007 Doesn't exactly sound like an attorney... Link to comment Share on other sites More sharing options...
chilton1 Posted March 21, 2007 Report Share Posted March 21, 2007 Doesn't exactly sound like an attorney...Why? Because he/she is asking for clarification. Not every attorney knows every thing about consumer law and I also know that law school does not teach you everything you need to know as a lawyer. This may very well be his/her first case. I am sure he/she is capable of defending him/her self but just my .02. Link to comment Share on other sites More sharing options...
willingtocope Posted March 21, 2007 Report Share Posted March 21, 2007 Hello. I have a client that wants to claim an SOL defense against a creditor. What can the client expect if we make this claim. (Jurisdiction = Washington DC). I know the creditor can sue, and we can claim the SOL affirmative defense, but is that likely to happen? Thanks for your help.Okay, so on the assumption that this is a legitimate question.Its hard to predict what a creditor will do, particularly if there's some debt chaser lawyer involved. CAs and JDBs have been known to go to court knowing full well the debt is SOL...they're expecting that the debtor won't show up and they'll just get a summary judgement. SOL isn't much use in getting a judgement vacated.And...not all judges, particularly in small claims...are really up on what SOL means. There's a post around here somewhere about the judge just telling the parties to go mediate the suit.... Link to comment Share on other sites More sharing options...
qtptute Posted March 21, 2007 Report Share Posted March 21, 2007 Noone is suing my client yet. I am just wondering if, in a conversation, with a creditor, if you claim that the Statute has run, and the client no longer recognizes the debt, is it likely that the creditor would sue anyway?Thanks.Like I said, depends on who it is. Who is the debt collector? Link to comment Share on other sites More sharing options...
MadinKS Posted March 21, 2007 Report Share Posted March 21, 2007 OP sounds like a CA phishing. May be wrong but would expect a lawyer to be able to search case law or something to get answers. Isn't that what you pay them for? Link to comment Share on other sites More sharing options...
SecretAgentWoman Posted March 21, 2007 Report Share Posted March 21, 2007 OP sounds like a CA phishing.A spy??!!It's ok, you have me, SecretAgentWoman!*searches for a phone booth to change in**realizes this is 2007 and there is no such thing anymore*Dangit... Link to comment Share on other sites More sharing options...
unusualsuspect Posted March 21, 2007 Report Share Posted March 21, 2007 That's what I would think. I remember there being something about consumer law on the CA Bar. But then again not all states cover everything... But it does sound like a CA trying to see what the rest of the world is cooking up. Link to comment Share on other sites More sharing options...
MadinKS Posted March 21, 2007 Report Share Posted March 21, 2007 I feel better already. Thanks for keeping us safe SecretAgentWoman. Link to comment Share on other sites More sharing options...
rella5 Posted March 21, 2007 Report Share Posted March 21, 2007 I'm voting in the "phishing" camp and it stinks to me. Notice the OP does not actually say "I am a lawyer" it is implied. Also, how would things like SOL and ROP etc. be affected by the fact that Wash DC is not a state? Or maybe they have that covered another way.Notice the OP has not replied again. Curiouser and curiouser..... Link to comment Share on other sites More sharing options...
shan2themax Posted March 21, 2007 Report Share Posted March 21, 2007 A spy??!!It's ok, you have me, SecretAgentWoman!*searches for a phone booth to change in**realizes this is 2007 and there is no such thing anymore*Dangit...there are still a few phonebooths near where I live... mind you... they are in a bad section of town though.,..... Link to comment Share on other sites More sharing options...
IHateCAs Posted March 22, 2007 Report Share Posted March 22, 2007 ?????Seriously. WTF moment of the month at CIC. Link to comment Share on other sites More sharing options...
IHateCAs Posted March 22, 2007 Report Share Posted March 22, 2007 But it does sound like a CA trying to see what the rest of the world is cooking up.Doesn't sound a thing like that. Link to comment Share on other sites More sharing options...
MissaFraQ Posted March 23, 2007 Report Share Posted March 23, 2007 A spy??!!It's ok, you have me, SecretAgentWoman!*searches for a phone booth to change in**realizes this is 2007 and there is no such thing anymore*Dangit... Link to comment Share on other sites More sharing options...
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