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Has anyone ever gone to court for a debt out of SOL? How did you respond?


thouston
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This questions is for those who have actually been in this situation and went to court. If you owed debts on a credit card debt that was past SOL, when you went to court with plaintiff, how did you respond in front of the judge? Did you bring anything to show proof that the debt was beyond SOL? Or just tell the judge it was past SOL? I would think something is required, as anyone could use this excuse. Also, if you say a debt is past SOL, and it's not, can the lawyers sue you again with proof that it is not?

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You need to be careful about this.. you do put it in your response as an affirmative defense but if you bring proof you are admitting the debt is yours and that can work against you.

The debt is mine, and the amount owed is accurate. I would not lie to avoid paying a debt. That's not in my character. So I'm not worried about admitting it's mine. I just want to do how I should prepare to dispute this in court. Will the courts accept old credit reports showing date of last activity? Or would the collector try to claim I changed the dates?

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You need to find out first if it is indeed out of SOL. If it is, when you respond to the summons, put this information in your answer. :)++

Hi Thom, I do know to include that with my answer, but I'm just wondering what I should bring with me. Originally I thought the burden of proof when be on the creditor, but this is civil court, and I'm sure I'll need more than my word that it's out of SOL. Anyone actually been to court and disputed a debt as out of SOL? Thanks

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Some judges will not permit credit reports.. some will. I had a friend who took hers and the judge wouldnt allow it in civil court.

I would imagine the burden of proof is on them if you respond with the information its out of SOL. but bring as much as you can with you just in case. .. no two judges are the same.

Also you still may end up with the judgement . My friend had a debt out of SOL, we went to court. it was about six months out but the judge asked if it were hers and she affirmed that it was. They creditor got the judgement. SOL at that point didnt play into it.. again it could be a judge thing or a state thing.

I guess if you know its yours and feel you should pay it then why not work out a settlement before court

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Your friend should have appealed... but either way thouston, the plaintiff has the burden of proof.

Get a copy of your credit report and look for the date of first delinquency (Equifax does this). Find the SOL for your state and then in your response to the court, point this out. It will be up to them to prove you wrong.

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Your friend should have appealed... but either way thouston, the plaintiff has the burden of proof.

Get a copy of your credit report and look for the date of first delinquency (Equifax does this). Find the SOL for your state and then in your response to the court, point this out. It will be up to them to prove you wrong.

She did not have the option to appeal.... either way I agree the burden of proof should be on them...

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I was going to send a letter to a collector and tell them that the debt was SOL. If I do that, am I admitting the debt is mine? And. if a law suit comes about, would a judge will order a judgement, even though it is out of SOL?

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I was going to send a letter to a collector and tell them that the debt was SOL. If I do that, am I admitting the debt is mine? And. if a law suit comes about, would a judge will order a judgement, even though it is out of SOL?

I have a C&D that handles this nicely. if you want a copy let me know.. but I dispute the debt and tell them that its time barred since I know I have not had any new debts since Sept of 03. so no it just keeps them from contacting you

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I have a C&D that handles this nicely. if you want a copy let me know.. but I dispute the debt and tell them that its time barred since I know I have not had any new debts since Sept of 03. so no it just keeps them from contacting you

I'm helping my mom out with some of her SOL debts. She's kind of in the same boat as this OP. I'd like a copy of your letter, if you don't mind sharing it. Thanks.

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I'm helping my mom out with some of her SOL debts. She's kind of in the same boat as this OP. I'd like a copy of your letter, if you don't mind sharing it. Thanks.

Sure.. remember this is for the state of NC.. so make sure you make the changes with your own state statutes.. I dont believe in throwing around alot of legal threats.. this works quite nicely.. and remember to send it CMRR

********************************************

Nov 2, 2006

Bottom Feeders & Associated

100 Dream on Loser Ave.

Any Town, USA 00000

RE: account number 1224044-4-4--4---

To Whom It May Concern:

This letter is in response to your October 26, 2006 (copy enclosed) concerning the collection of the above referenced

I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws.

I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my Attorney General and with legal counsel and verified that the Statute of Limitations for enforcing this type of debt through the courts in North Carolina and it has expired.

Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired. In North Carolina it is illegal to pursue a time barred debt (State Statute § 58-70-115)

This letter is your formal notification that I consider this matter closed and request that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated.

You are also notified that should any adverse information be placed against my credit reports as a result of this notice that appropriate actions will be taken. Please give this very important information the matter of attention it deserves.

Thank you,

Go Away now...

CC: NC Attorney Generals Office / Robert Cash

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Some judges will not permit credit reports.. some will. I had a friend who took hers and the judge wouldnt allow it in civil court.

I would imagine the burden of proof is on them if you respond with the information its out of SOL. but bring as much as you can with you just in case. .. no two judges are the same.

Also you still may end up with the judgement . My friend had a debt out of SOL, we went to court. it was about six months out but the judge asked if it were hers and she affirmed that it was. They creditor got the judgement. SOL at that point didnt play into it.. again it could be a judge thing or a state thing.

I guess if you know its yours and feel you should pay it then why not work out a settlement before court

How could that be? Shouldn't the judge abide by a statute? The judge would have to rule that somehow the SOL was tolled or else judge would be going against law.

Anyway this has gotten me worried. Had always thought that SOL was the ultimate defense against CA.

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Again the SOL in theroy means that legal action cannot be used to get payment. However, depending on how the answer to the summons is worded, or any other action before the suit could potentially reset the SOL.

In short, to plead SOL defense, better have a lawyer in case you say something wrong and reset SOL.

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Folks, that is simply not the case. I encourage you guys to read up on what can reset or toll the SOL.

Amen! If you are past the SOL and have not done anything BEFORE the SOL expired which could have tolled the SOL (look for your state) then you could technically answer and say, "yeah, it's mine, but it's past SOL. You are on notice that the SOL is expired and any attempts to collect in court can be determined as malicous disregard, blah blah blah"

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Folks, that is simply not the case. I encourage you guys to read up on what can reset or toll the SOL.

You can't reset the SOL that way.. NASCAR is correct (as usual.. lol).. different states have different rules regarding resetting it.. however admitting to the debt is another matter.

Also the burden is on them to prove it is NOT out of SOL

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