notgoingdown1 Posted November 3, 2011 Report Share Posted November 3, 2011 Alright guys, I have been researching this topic extensively (here and on google) and the information I have found is inconclusive.My situation; I have recently been sued for old cc debt. I know that it is very near the 3yr (open acct) SOL if not slightly past it. But I have found that OK is known for a case precedent as using the 5 year written contract SOL even without a written contract!?!So as I am getting ready to file my answer with the courts, my question is, should I include the SOL as an affirmative defense. Is this something that will hurt me if the courts determine to use the 5 yr SOL? Is it implied that I "admit" to the debt by claiming SOL? (especially if I can't use it)Hope someone out there can help clear this up with me. I have been researching case files here in OK and it looks as though the courts seem to favor the plaintiff I am up against Link to comment Share on other sites More sharing options...
notgoingdown1 Posted November 4, 2011 Author Report Share Posted November 4, 2011 bump! Tap tap, is this thing on?Any Oklahoma people on here! Link to comment Share on other sites More sharing options...
legaleagle Posted November 4, 2011 Report Share Posted November 4, 2011 Statute of limitations is not usually used as an affirmative defense, it is used as grounds to dismiss. I am not able to read your rules, it's a mess. Either way, it seems to be up to the individual judge. Probably you are out of luck either way, CC cases rarely let the SOL expire. Link to comment Share on other sites More sharing options...
notgoingdown1 Posted January 5, 2012 Author Report Share Posted January 5, 2012 Just because I found this and in case this helps someone else in the future here in the beautiful state of OklahomaRipoff Report | Love Beal & Nixon P.C. | Complaint Review: 191776 Link to comment Share on other sites More sharing options...
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