tera1298 Posted July 11, 2007 Report Share Posted July 11, 2007 I had a car repo’d in 2001. Got a letter dated 9/19/2001,that it had been sold. It is six years later and experian has it coming off March 2008. Is sol up for PA? Can any one sue me this late in the game. Is there any thing that I should worry about at this time for someone trying to collect. Link to comment Share on other sites More sharing options...
CleverCynic Posted July 11, 2007 Report Share Posted July 11, 2007 YepNopeNope Link to comment Share on other sites More sharing options...
momof5 Posted July 11, 2007 Report Share Posted July 11, 2007 Actually they can sue if it is SOL, but you have the affirmative defense. In that case you would answer the suit with SOL and it would be dismissed. Fail to answer and you end up with a default judgment.For the longest time, once it was past SOL and reporting period, you could pretty much guarantee that your dealings regarding this debt had ended. Now with all those JDB bottom feeders out there, you never know when it will resurface! I think we out to make it a fed law to make it illegal to attempt to collect on out of statute debts! Link to comment Share on other sites More sharing options...
myscoresawful Posted July 11, 2007 Report Share Posted July 11, 2007 momof5 is right....just because the SOL is past, don't ignore a notification to appear in court. GO, show up and tell the judge the SOL is past and let him dismiss it.If you don't go, he will most likely not ask the attorney if the SOL is past, (which the attorney would lie about anyway)...and you will get a judgement by default.Then you will have to take a chance on going back to court to try and have it vacated and not always prevail there.bottom line: if they sue, show up and claim the SOL, it will be dismissed and hopefully that will be the end of it.(fyi, Crap1 sued me last year about 4 months after the SOL was past, had I not went to court in my defense, they would have won by default...but I went and pointed out the SOL and when we went back for the reset date a couple of months later, they told the judge they were dropping suit....didn't say why, just that they were dropping suit and it was dismissed) Link to comment Share on other sites More sharing options...
swtguy Posted July 11, 2007 Report Share Posted July 11, 2007 Actually they can sue if it is SOL, but you have the affirmative defense. In that case you would answer the suit with SOL and it would be dismissed. Fail to answer and you end up with a default judgment.For the longest time, once it was past SOL and reporting period, you could pretty much guarantee that your dealings regarding this debt had ended. Now with all those JDB bottom feeders out there, you never know when it will resurface! I think we out to make it a fed law to make it illegal to attempt to collect on out of statute debts!It is a federal law to attempt to collect out of statute debts--its called the Fair Debt Collection Practices Act. Link to comment Share on other sites More sharing options...
swtguy Posted July 11, 2007 Report Share Posted July 11, 2007 Remember that if you're sued for an out of SOL debt, to not only show up to court but ask the judge to dismiss with prejudice. Link to comment Share on other sites More sharing options...
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