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Lawyer Needs Help With Debt Collection Client


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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.

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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.

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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.

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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....

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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?

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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.....

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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.,.....

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