arcturus Posted December 14, 2010 Report Share Posted December 14, 2010 Long story short: I have recently been served a Summons for a $50k Credit Card Debt that has been in default for almost 2 years. In that 2 years I have lost all paper files relating to the account; in addition, because the Creditor waited so long to sue me, I have very limited funds available for settlement and I am not in as good as a position to settle as I was during the first 12 months the account was in default. Do I have any basis for getting the court action dismissed due to Laches? This account was 1 of 8 that I defaulted on starting in January 2009, and for the rest of 2009 it was essentially "first come, first serve" in terms of settlement of accounts since I had limited funds. Had this particular Creditor asserted their right to sue within the first 12 months since default, I was in a much better position to settle. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted December 14, 2010 Report Share Posted December 14, 2010 No, laches is an equitable defense. Link to comment Share on other sites More sharing options...
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