Passed the statute?

[getmeouttahere]

My husband was sued back in the spring for a debt on which the statute of limitations is up in November. (Last payment was made in November '07) The docket call for this case is in November and the trial will likely be set for sometime in February. In regards to the statute of limitations, which in my state (Mississippi) is 3 years, can they try and collect on the debt after the SOL? Or does the SOL apply to the time which the debtor can be sued? Even though the trial is after the SOL, can they still try and collect? Or are they in the clear since my husband was sued within the SOL?

Any help in this matter would greatly be appreciated!

[tigra]

The SOL would apply to the period of time within which legal action can be taken to collect the money owed. After that they can try to collect, they can even try to sue, but as long as you prove that SOL has ran out, the case will be dismissed. Now i believe SOL starts running from the time of default, not the last payment made, but you should double check.

[getmeouttahere]

The SOL would apply to the period of time within which legal action can be taken to collect the money owed. After that they can try to collect, they can even try to sue, but as long as you prove that SOL has ran out, the case will be dismissed. Now i believe SOL starts running from the time of default, not the last payment made, but you should double check.

Thanks tigra. So, lemme get this straight...even though the lawsuit was filed in the spring, they CANNOT collect on this debt since the actual trial date is beyond the SOL?

[Tex_Tea]

SOL is defined in State Statutes and Cases, so you would have to refer to those for Mississippi. For most places, the plaintiff or party collecting the debt must file the case before the expiration of the limitations period. I suspect this is the case in Mississippi.

It sounds like they filed the case before the end of SOL in your case. So, I suspect you will not be able to use the expiration of SOL as a defense.

Sorry. You could have other defenses, though!

[admin]

No - they filed before the statute was up, within the SOL.

If they lose, they must refile another case before the SOL is up. IF they win, you have to pay.

[Guest usctrojanalum]

Thanks tigra. So, lemme get this straight...even though the lawsuit was filed in the spring, they CANNOT collect on this debt since the actual trial date is beyond the SOL?

This is incorrect.