SkipJ Posted April 2, 2009 Report Share Posted April 2, 2009 My debts are approaching the SOL and I was wondering what happens if I don't have proof that my debts are past the SOL. I never kept any statements from when I went delinquent but I know roughly when my last payments were. If a CA sues me, what can I do to show that they can't get anything from me anymore? Link to comment Share on other sites More sharing options...
gator944 Posted April 2, 2009 Report Share Posted April 2, 2009 If I'm not mistaken, you claim that it is time-barred and it is up to them to prove otherwise. Link to comment Share on other sites More sharing options...
SkipJ Posted April 2, 2009 Author Report Share Posted April 2, 2009 Do I just use that defense in my response to the summons or does it actually have to be in court?I also just found this on the main page: "The consumer must offer the new evidence to avoid a judgement. The evidence will consist of papers the consumer files to support his claim. If the creditor sues you, and you do not prove to the court that the Statute of Limitations expired, you will have a lost lawsuit and a judgment against you."What papers? Link to comment Share on other sites More sharing options...
gator944 Posted April 2, 2009 Report Share Posted April 2, 2009 Not up on MN procedure, but here in FL any defenses used must be put in your answer to the suit. Link to comment Share on other sites More sharing options...
SkipJ Posted April 2, 2009 Author Report Share Posted April 2, 2009 I see. But what about those supposed papers that I'm supposed to file? According to the page on SOL on CreditInfoCenter's main page, I lose if I don't file them. Any ideas? Link to comment Share on other sites More sharing options...
gator944 Posted April 2, 2009 Report Share Posted April 2, 2009 Not sure what page you're referring to. Of course if you have evidence to back up your claim, include it. You should still be able to claim the defense without it. Maybe someone else will chime in with their experience with it. Link to comment Share on other sites More sharing options...
debtorshusband Posted April 2, 2009 Report Share Posted April 2, 2009 I see. But what about those supposed papers that I'm supposed to file? According to the page on SOL on CreditInfoCenter's main page, I lose if I don't file them. Any ideas?Suppose you were to contact the Original Creditor and ask for copies of statements that show when you last paid on the account? I think that's what they're talking about. Of course, this could be a lesson for everyone not to throw out statements. These should be considered financial records to be kept for a number of years.DH Link to comment Share on other sites More sharing options...
ALVA Posted April 2, 2009 Report Share Posted April 2, 2009 So you have not actually been sued yet, correct? The furnishers are supposed to report accurate info on your credit reports. Check them for date of last activity to get an idea. Link to comment Share on other sites More sharing options...
SkipJ Posted April 2, 2009 Author Report Share Posted April 2, 2009 I have not been sued yet and hope to not be but I am trying to cover my bases before it gets too late in the game. Link to comment Share on other sites More sharing options...
calawyer Posted April 3, 2009 Report Share Posted April 3, 2009 If you are sued, you can ask for the plaintiffs' documents in discovery. A request for an account history (all payments and charges) will yield the information you need. Link to comment Share on other sites More sharing options...
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