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Suit for collection on promissory note in SC

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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.

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  • 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).

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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.

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