CarolinaBlueEyes Posted March 22, 2007 Report Share Posted March 22, 2007 Has anyone been sued and had a judgement AFTER an SOL defense has been used??I am asking because I have a case that is nearly a month out of SOL.. the collector called the lawyer today.. (this is that MBNA thing you have all seen me rant about it)I have to admit this letter sounds a little warm and fuzzy to me.. and I need to know what I am missing... here is a copy from my NACA lawyer to them.Dear Joe (the collector from the other side) In the followup to our phone call can you check a couple of issues for me: The "smiths" say that after (collector name) sent a collection letter dated August 13 of 05 asserting a debt of (insert amount) that they sent a validation letter back on August 25, 2005, disputing the debt and requesting a validation of it. Can you let me know if you got this letter? If so wouldnt it mean that you would precluded from further collection activities until you validated it? (NO I didnt sent it CMRR.. I didnt know better back then) IF the date of the last purported payment on the debt was Feb 28, 2004, then under the 3 year statute of limitations for the contract claims doesnt that mean the debt is now time-barred? I'd appreciate any thoughts you have as it would help me advice my clients. Thanks very truely yoursMy lawyerHe told them to take to legal to make sure it was under the SOL.. I am totally confused here... we both know the SOL here is three years. I dont understand the warm fuzzy tone.. any idea what I am not understanding? I asked them what they would possibly come back with and he informed me he didn't know and we needed to wait and see.... Anybody have a clue on this one.. ?? help... should I worry (this debt is for a very large amount they tried to arb on.. but dropped the ball big time.. thanks everyone in advance Link to comment Share on other sites More sharing options...
willingtocope Posted March 22, 2007 Report Share Posted March 22, 2007 Lawyers really don't have a "Belligerence" class in law school. Not all of them approach every conflict as those the cameras are rolling and their election to the senate depends on being "tough on crime".What I'm saying is, maybe your lawyer just starts out friendly, and doesn't take the gloves off until the situation warrants it.I don't think I'd read too much into this.(Most lawyers I've dealt with use their "I AM THE LAW" Judge Dredd voice when they're dealing with us outsiders. When they're talking to one another, they treat each other like members of the club). Link to comment Share on other sites More sharing options...
savymicheal Posted March 22, 2007 Report Share Posted March 22, 2007 Write to ca and demand proof that your sent notice of debt and also send you proof that they sent you court notice. You clearly ignored the court notice because sol expired,dont get mad I say this only if you got court notice to appear! If the ca ignore your request your going to have to go small claims court and ask to vacate judgement!! Yes it can be done and it is done all the time In court the judge will demand proof positive that the ca sent proper notice to you!! if the ca cant provide proof and yes that means sent notices to your real, current address. Yow will be surprised how low down ca can be they, very often send court notices to old address ,you of course dont appear in court and judgement is issued!! That brings us back to the fact you will have to sue in small claims,dont ignore this, it is not expensive or itimidating if you dont that judgement is on your reports for 7 years but the judgement will haunt you for up to 20 years depending on your state law. Judgements can be renewed! So go down to small claims court and sue you will most likely win!!!! Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted March 22, 2007 Author Report Share Posted March 22, 2007 Write to ca and demand proof that your sent notice of debt and also send you proof that they sent you court notice. You clearly ignored the court notice because sol expired,dont get mad I say this only if you got court notice to appear! If the ca ignore your request your going to have to go small claims court and ask to vacate judgement!! Yes it can be done and it is done all the time In court the judge will demand proof positive that the ca sent proper notice to you!! if the ca cant provide proof and yes that means sent notices to your real, current address. Yow will be surprised how low down ca can be they, very often send court notices to old address ,you of course dont appear in court and judgement is issued!! That brings us back to the fact you will have to sue in small claims,dont ignore this, it is not expensive or itimidating if you dont that judgement is on your reports for 7 years but the judgement will haunt you for up to 20 years depending on your state law. Judgements can be renewed! So go down to small claims court and sue you will most likely win!!!!??? there was never a court notice.. or any kind of judgement they are just trying to collect Link to comment Share on other sites More sharing options...
willingtocope Posted March 22, 2007 Report Share Posted March 22, 2007 Write to ca and demand proof that your sent notice of debt and also send you proof that they sent you court notice. You clearly ignored the court notice because sol expired,dont get mad I say this only if you got court notice to appear! If the ca ignore your request your going to have to go small claims court and ask to vacate judgement!! Yes it can be done and it is done all the time In court the judge will demand proof positive that the ca sent proper notice to you!! if the ca cant provide proof and yes that means sent notices to your real, current address. Yow will be surprised how low down ca can be they, very often send court notices to old address ,you of course dont appear in court and judgement is issued!! That brings us back to the fact you will have to sue in small claims,dont ignore this, it is not expensive or itimidating if you dont that judgement is on your reports for 7 years but the judgement will haunt you for up to 20 years depending on your state law. Judgements can be renewed! So go down to small claims court and sue you will most likely win!!!!Oh....yeah...wait, what? Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted March 22, 2007 Author Report Share Posted March 22, 2007 Lawyers really don't have a "Belligerence" class in law school. Not all of them approach every conflict as those the cameras are rolling and their election to the senate depends on being "tough on crime".What I'm saying is, maybe your lawyer just starts out friendly, and doesn't take the gloves off until the situation warrants it.I don't think I'd read too much into this.(Most lawyers I've dealt with use their "I AM THE LAW" Judge Dredd voice when they're dealing with us outsiders. When they're talking to one another, they treat each other like members of the club).I thought this too but he wasn't talking to a lawyer just the "guy in the cubicle.. although I guess what you mean is that letter will go to the legal dep? DO you know of any cases lost that were out of SOL? I am assuming thats a pretty solid defense.. my lawyer seemed ambivelent though thats what concerned me Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted March 22, 2007 Author Report Share Posted March 22, 2007 Oh....yeah...wait, what?ROFL!!! I was thinking that too.. Link to comment Share on other sites More sharing options...
willingtocope Posted March 22, 2007 Report Share Posted March 22, 2007 DO you know of any cases lost that were out of SOL? I am assuming thats a pretty solid defense.. my lawyer seemed ambivelent though thats what concerned meI remember a post here somewhere about a small claim court judge ignoring SOL as a defense and just telling the defendent to pay up...I.m not sure that was real, and if it was, I'm sure that could be appealed.As to your lawyer's ambivalence, again, don't read too much into it. Remember they deal with this stuff all the time (hopefully) and, while its up front and personal to us, its just another day to them. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted March 22, 2007 Author Report Share Posted March 22, 2007 I remember a post here somewhere about a small claim court judge ignoring SOL as a defense and just telling the defendent to pay up...I.m not sure that was real, and if it was, I'm sure that could be appealed.As to your lawyer's ambivalence, again, don't read too much into it. Remember they deal with this stuff all the time (hopefully) and, while its up front and personal to us, its just another day to them.thanks for making me feel better.. it really bothered me alot that he gave them a chance to find out if the SOL fit the case.. (why in the world would it NOT apply???)) THey never did anything with the NAF claim so now I am assuming that is too late is well (they filed that back in sept or oct of 05 and nothing came of it since they never had proof of service)he is supposed to be on my side.. I admit it bothered me all day Link to comment Share on other sites More sharing options...
LadynRed Posted March 23, 2007 Report Share Posted March 23, 2007 If your last payment really was 2/28/04, then the SOL would not have started to run until 30 days later when you missed your next payment. That would mean that the SOL won't run out until the end of next week. Is that 2/28 date correct ? I can't fnd anything in the SC statutes that says SOL starts with last payment, it starts with the 'cause of action' - which is when the actual default occurred. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted March 23, 2007 Author Report Share Posted March 23, 2007 If your last payment really was 2/28/04, then the SOL would not have started to run until 30 days later when you missed your next payment. That would mean that the SOL won't run out until the end of next week. Is that 2/28 date correct ? I can't fnd anything in the SC statutes that says SOL starts with last payment, it starts with the 'cause of action' - which is when the actual default occurred.I am in NC.. the AG here told me it was the last date of payment on my credit report or DOLA which ever one was most recent... and I had one case dismissed because of it a while back , it was two weeks after the last payment. The lawyer also claimed it was last date of payment recieved. which is why he sent the warm fuzzy letter. The Feb payment was already made on a defaulted account.. I had missed several before that but in NC that payment did reset the SOL.. I talked to Bud Hibbs today as well he also told me the SOL had run.I just found this on a legal site and its also on Suze Ormans site as well (one copied it from the other I believe)'Statute of Limititation for unpaid Credit Card bills: If you fall behind in your credit card payments, the card issuer can sue you for payment. The start date for the statute of limitations is the date of your last payment. For example, if your last payment was on January 10, 2003, and the statute of limitation in your state for credit card debt is seven years, your card issuer has until January 10, 2010 to sue you to recover the unpaid debt. Link to comment Share on other sites More sharing options...
LadynRed Posted March 23, 2007 Report Share Posted March 23, 2007 ACK !! Sorry.. mixed up the states. If the AG told you that, then I guess you can bank on it. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted March 23, 2007 Author Report Share Posted March 23, 2007 ACK !! Sorry.. mixed up the states. If the AG told you that, then I guess you can bank on it.Oh lets hope so... it was the guy who handles the consumer card division.. got that from him a while back with this other suit... lol... and thats okay unless you live here its easy to confuse NC and SC ... Link to comment Share on other sites More sharing options...
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