phoneczar

SOL - Affirmative Defense

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We did have a discussion about putting sol in as an affirmative defense and then how could you deny the debt.

But, the thing is - you want them to prove the debt, so you use your affirmative defenses. Then think about it, if they do prove the debt - you also need them to prove it is still within SOL. So, you put in SOL as an automatic defense and it is up to them to prove otherwise.

Affirmative defenses are like throwing spaghetti against the wall to check to see if it is done. Only with affirmative defenses, you throw them all and see which ones stick! xangelx

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I have been looking around and I thought for the life of me there was a thread regarding SOL affimative defense without admitting the debt. Can anyone comment or point me in the right direction?

You don't admit the debt by asserting the statute of limitations as a defense. Each state has its own rules of pleading but you simply say something like: Plaintiff's complaint, and each cause of action therein, is barred by the applicable statute of limitations.

Some states require you to be more specific and allege further facts or list the appropriate statutes. Check your state's rules to be sure.

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