phoneczar

Battle with C1 - SOL Defense

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Third time C1 is coming after us for a +25k credit card debt.

SOL is definitely expired on this. We DV'd Northland Group who is the CA. They sent copy of signed application and 2 statements.

If this goes to lawsuit how do we prove SOL or does that fall on them?

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Third time C1 is coming after us for a +25k credit card debt.

SOL is definitely expired on this. We DV'd Northland Group who is the CA. They sent copy of signed application and 2 statements.

If this goes to lawsuit how do we prove SOL or does that fall on them?

You would use the SOL in your affirmative defenses. If your Rules of Civil Procedure allow for discovery requests, you can ask them for the date of last payment in your Interrogatories to them, and, in a Request for Production of Documents, you can ask for the cc statement that shows the date of last payment.

This is the 3rd time they've come after the same debt? What happened the other 2 times?

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The first time was dismissed w/o prejudice after we hit them with a Req for Production of Documents. The second time it was dismissed w/o prejudice when Mann Bracken fell apart.

When a debt collection lawsuit is filed, the SOL is tolled...it stops. For instance, let's assume the SOL is 6 years. If the SOL began in 6/2003, but a lawsuit was filed 6/2008, the SOL then stops at 5 years. What I'm not sure about is cases that are dismissed without prejudice. If the case was dismissed in 10/2008, did you lose that 4 months from 6/2008 to 10/2008? Did the clock start at 5 years in 10/2008? Or did the SOL continue as if the case had never been filed?

You've been sued twice before. You need to find out if the SOL was tolled during those suits, and if you lost that time. Unless someone on these boards can clarify, you may need to contact an attorney to ask that question.

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