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A fast one being pulled?


wetegg
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Had a debt (8k) go to collections was sent a collections  here is a simple timeline.

"Oct 20th 2016: received notice from Stenger & stenger
November 7th 2016: mailed validation and cease and desist letter cmrd.
8/16/2018: received civil complaint 20 days to respond. 
9-4-2018 mailed and filed response." Did not acknowledge debt was mine

Just got a letter in the mail about a MTJ this Friday the 27th.  

I think this is their last attempt quickly because the statue of limitations runs out in Oct per a statement included show last payment activity Oct 3rd 2014. I live in Ky and can't find any specific laws on statue of limitations but from previous cases should be 5 years. Any tips for this Friday would be great! Should I go ahead a file a MTD on behalf of Statue of limitations? 

Thanks!

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2 hours ago, wetegg said:

November 7th 2016: mailed validation and cease and desist letter cmrd

For future reference and anyone reading this:  you NEVER EVER send a validation and cease and desist in the same letter.  EVER.  You essentially asked them to validate but never contact you.  Legally under the FDCPA they could contact you one more time to tell you what action they were taking and not violate. Also, if the SOL is still alive this is the one way to ensure they head straight to litigation.

2 hours ago, wetegg said:

I live in Ky and can't find any specific laws on statue of limitations but from previous cases should be 5 years.

KY actually has conflicting state laws the SOL could be as long as 15 years.

2 hours ago, wetegg said:

I think this is their last attempt quickly because the statue of limitations runs out in Oct per a statement included show last payment activity Oct 3rd 2014.

Unfortunately once they filed the SOL is automatically tolled while the case is active in the courts.  It does not matter if the actual trial or any hearings are after the tentative expiration date on the SOL.  Until the case is disposed of the SOL is not in play and in your case they filed timely.

2 hours ago, wetegg said:

Should I go ahead a file a MTD on behalf of Statue of limitations? 

You can file one but you will lose.  As I said above once they filed before the SOL expired they filed timely and the SOL is not a defense you can use yet.

2 hours ago, wetegg said:

Any tips for this Friday would be great!

WHO is suing you and who is the original creditor?

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More like a very slow one being pulled.  I'm surprised they waited an entire year before filing MSJ.  Unfortunately, you also waited a full year before trying to do anything about this.  Hopefully it is not too late to get a Motion to Compel Arbitration heard, but I don't think it will be easy.  That is the only way you win.

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