kristy46113

Good way to word SOL defense?

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I'm trying to write an ammended response to a complaint filed against me. After receiving some great advice on this forum, I need to add the SOL defense to my response as I was previously unaware that the credit card agreement was governed by the laws of another state.

My question is...what is a good way to clearly state that the debt is time barred per the law of Delaware, without making it look like I'm admitting to the debt? The JDB included a copy of the card member agreement in their complaint.

Thanks everyone! :D

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Also include the affirmative defenses that are allowed by your state....

The complaint fails to state a cause of action on which relief can be granted.

Plaintiff's claims are barred by waiver, estoppel, laches and the applicable statute of limitations.

The complaint is barred by doctrine of unclean hands.

WHEREFORE, Defendant prays for judgment against Plaintiff as follows:

1)That Plaintiff's Complaint be dismissed with prejudice and that the Plaintiff recover nothing thereby;

2)For costs and statutory attorneys fees; and

3)For such other and further relief as the court deems just and reasonable.

With that said... I would like for you Miss Kristy to go hire a real live FDCPA attorney and make the dumb A$$ debt collector pay you.

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I would put something like Alledged debt is time barred according to Delaware statue 0-0-0 (you will need to look for state statue) attached is exibit A. you will need to prove. I would use credit reports. good luck!

To prove this, I would have to admit the debt is mine, which would more or less make every word of the rest of my response a lie...right? Am I really able to both deny the debt as mine, and use documents as a defense that in fact show the debt as mine at the same time? What a pain in the a$$! lol

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I am curious about how the DOLA was communicated. If it was NOT, you may have an issue because you could not establish SOL as a defense without personal knowledge of DOLA. On the other hand, if THEY indicated DOLA on their documents to you, that would be different.

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It would be the Date of First Default DOFD (that remained uncorrected). So generally the date they first reported you 30 day late to the credit reporting agency(s) beyond which yoou never cleared the default back to good standing.

So you can analyze the account history on your credit report so YOU know, and if they don't admit in thier complaint when the default occured (perhaps trying to hide the fact it is SOL) you can always get a subpoena from a district court judge for the communications of the OC to the CRA for your credit file. This would be thier own words meeting thier legal requirement under FCRA to provide the DOFD. You would use this as evidence in court if you needed to PROVE the SOL date, without admitting to the veracity of the alleged debt. You are merely informing the court of what the collector claims is the DOFD in thier own words, stated under penalty of federal law.... lying to the CRA about it would be a federal law violation (FCRA).

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I am curious about how the DOLA was communicated. If it was NOT, you may have an issue because you could not establish SOL as a defense without personal knowledge of DOLA. On the other hand, if THEY indicated DOLA on their documents to you, that would be different.

In their Complaint letter, they listed a date the account was "charged off".

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In their Complaint letter, they listed a date the account was "charged off".

Is that date past the SOL? If it is you can use it by saying something like "By plantiff's own admission the charge off date on the account is xx/xx/xxxx." Then raise your SOL defense.

Another way would be to ask them to provide you with the DOFD thru admissions or Interrogatories.

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Is that date past the SOL? If it is you can use it by saying something like "By plantiff's own admission the charge off date on the account is xx/xx/xxxx." Then raise your SOL defense.

Another way would be to ask them to provide you with the DOFD thru admissions or Interrogatories.

Sure did, but conveniently the have re-aged the debt. They also listed it as the date it was "charged off", not the date it went delinquent. I have proof with some documents...BUT...can I really use that proof without incriminating myself (since I'm denying the debt in my response)? Or does my stating the SOL defense put the burden of proof on them to show it is within the SOL?

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To prove this, I would have to admit the debt is mine, which would more or less make every word of the rest of my response a lie...right? Am I really able to both deny the debt as mine, and use documents as a defense that in fact show the debt as mine at the same time? What a pain in the a$$! lol

Is it on your credit report (even and old one)? I used that in court, saying something along the lines of "My only knowledge of this account is my credit report, Plaintiff reporting, which shows a DLA of XX, which makes the claim time-barred"

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