Jump to content

Suit for collection on promissory note in SC


Recommended Posts

Hi all...finding this site has been an answer to prayers. I've been sued for collection of a promissory note from 2003. I'm in SC and the SOL expired almost 8 years ago; however, the complaint alleges that I made a payment in 2006 (which didn't happen), but even if I did, the SOL would have expired in 2009. The original debtor is deceased and it's the PR of the estate that is suing. I was properly served (on my son...thanks...not!) and have filed my Answer, wherein I denied everything and requested a dismissal based on the expiration of the SOL. I'm waiting to get my clocked copies back to serve on the attorney.

I was not expecting the lawsuit at all. No demand for payment was ever made and it's been so long ago. I'm pretty judgment proof (lost my job a couple of years ago, lost my house, etc.) I'm working now, but wages can't be garnished and I've got nothing.

I was curious - there wasn't a copy of the promissory note attached to the complaint - it was just referenced. I truly don't remember ever signing the note (I offered but don't believe I ever signed). I understand that the attorney that filed the complaint is also handling the probate of the estate.

Do you think perhaps the atty was hoping to get a default judgment? Surely he knew from the dates he used in the complaint that the SOL had expired? Am I missing something here? Again, this was all a surprise and I'm winging it. I don't have the money to pay an attorney, nor to pay the estate. I wish I did. I feel like scum, but I can't invent money that I don't have.

Thanks in advance for your time and any responses....just a bundle of nerves here....I hate drama and conflict and tend to overthink and stress out.

Link to comment
Share on other sites

  • 1 month later...

Okay...update...filed and served my answer, along with discovery, on OC. Received discovery responses and there was a copy of the Promissory Note that I signed (I honestly don't remember it, but it's my signature)...I've confirmed with a lawyer that the SOL has expired (and I plead that defense in my Answer). It has been 8 years (or 8 in July) and the SOL is 3 years....I have not been served with discovery requests, nor has the OC responded to me in any way, other than answering my discovery requests.

I'm at a loss. Do I just wait this out? I'm physically sick over this law suit. I know that sounds crazy, but I hate any kind of upset. I wish I had the money to pay the debt, but I don't and have no way of getting any. I'm absolutely broke. I cannot understand why a lawyer would pursue the legal action after I have responded. I get that it was worth a chance to try to get a default judgment, but that didn't happen (thank goodness). I've worried myself sick thinking about this lawsuit.

Should I just wait and see what happens next? Should I write a letter to the OC and simply ask if he intends to pursue the action? Thank you for your time (and just giving me a place to vent).

Link to comment
Share on other sites

If it were me, I'd contact the attorney that you spoke to and ask for a little advice. If he won't help, contact the South Carolina Bar, and ask them to recommend a lawyer who will give you a free consultation. You have the SOL on your side and an attorney would be able to tell you what you should do next.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.