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a question about SOL


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My debt is past the SOL time in NC (3 years) as the last activity on the account was in 08/2004 and after letting my attorney look at my credit report, the 'non-jury session' letter that I received and the original summons (that was not served on me), he said that I was in the clear as far as a judgment against me. I'm planning on moving to Nevada at the first of May, where the SOL is 4 years on open ended accounts. Will the CA try to come after me again in NV. although the credit card account was originally signed when I was living in NC? Will I have to dodge them for 4 months? Thanks for any information!

michael

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The reason is that he is a friend of my brother and since my brother did all the leg work, he looked over the stuff for free...I don't want to get too greedy! If the possibility exists that they would come after me again, I'll just put the move off until after the SOL has expired in NV as well.

thx,

michael

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The reason is that he is a friend of my brother and since my brother did all the leg work, he looked over the stuff for free

thx,

michael

Is he educated in consumer law?

I am not an attorney, but I have been through the process of a few civil court procedures, and I think you have gotten some advice you shouldn't rely on.

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Yes, that is his specialty. He specifically told me not to show up and that if I did, they would try to serve me then. He said that if anything else came up about it that I had all of the documentation to prove that the SOL is expired and that he would take care of it. I trust him and I'm going to take his advice.

michael

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Yes, that is his specialty. He specifically told me not to show up and that if I did, they would try to serve me then. He said that if anything else came up about it that I had all of the documentation to prove that the SOL is expired and that he would take care of it. I trust him and I'm going to take his advice.

michael

Okay.

Good luck.

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Sounds pretty fishy.

1) Just because you weren't served, does not mean they can't get a default judgement against you. This depends on the rules of civil procedure in your state of course. Better to go to court and raise the SOL as an affirmative defense, THEN move for dismissal with prejudice. THEN they can't go after you any more.

2) Nevada is now 6 years I believe. If you had a dismissal with prejudice from SC, then you could probably use that as an affirmative defense if the CA brought suit against you in NV, though that's a grey area, and you'd have to look for relevant case law to be sure.

CL

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Sounds pretty fishy.

1) Just because you weren't served, does not mean they can't get a default judgement against you. This depends on the rules of civil procedure in your state of course. Better to go to court and raise the SOL as an affirmative defense, THEN move for dismissal with prejudice. THEN they can't go after you any more.

CL

My attorney says that in North Carolina, they can't get a default judgment against you if you were not properly served. I lived at my current address from 02/07 through now, of which 6 months was before the SOL expired. It plainly shows this address on my credit report for all 3 agencies and was reported on there in 02/07. The CA/attorney's office didn't file anything until 12/07 (I didn't see this but my attorney did on the paperwork that my brother carried to his office) and said that it was out of SOL and not to show up at the 'non-jury session', so I am going to do what the attorney tells me to do.

michael

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