Statue of Limitations on Personal Loan

[SammyJay]

I got served for an old loan by Rausch. My main question is what is the statue of limitations to sue? For credit card it's 3 years in Louisiana. This isn't a credit card , but a personal loan. Advice on how to proceed ?

1. Who is the named plaintiff in the suit? DISCOVER BANK

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Rausch Sturm

3. How much are you being sued for? >$3000

4. Who is the original creditor? (if not the Plaintiff) DISCOVER BANK

5. How do you know you are being sued? (You were served, right?) Yes I was served.

6. How were you served? (Mail, In person, Notice on door) Served at my home.

7. Was the service legal as required by your state? Yes.

8. What was your correspondence (if any) with the people suing you before you think you were being sued? They sent a letter saying they were trying to collect the debt .

9. What state and county do you live in? Louisiana

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) December 8th of 2016

11. When did you open the account (looking to establish what card agreement may be applicable)? July 2015

12. What is the SOL on the debt?:  Not sure 

13. What is the status of your case?  I was served and I now have a number of days, in the double digits, before I have to file an answer.

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes

15. Did you request debt validation before the suit was filed?  Yes, and they did not reply within the 30 days 

16. How long do you have to respond to the suit? Days, in the double digits.

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. THey only sent a statement, dispersal of funds , and truth lending disclosure

[Clydesmom]

36 minutes ago, SammyJay said:

My main question is what is the statue of limitations to sue? For credit card it's 3 years in Louisiana. This isn't a credit card , but a personal loan.

Unfortunately a loan is going to fall under the written contract statutes and that SOL in LA is 10 years.  

Settle this.  You are being sued by the original creditor and Discover is one of the top 3 aggressive creditors when it comes to litigation.  They have everything they need to prove their case.  The defenses you read about on sites like this are for when a JDB sues not the OC.  You also have the added complication that LA goes by French Law and the Napoleonic code rather than English law to an extent unlike other states.  That makes the rules for court a bit trickier.  

There really are only 2 defenses to an OC lawsuit:  identity theft and the SOL.  Neither seem to apply to your case.  Settle.

[SammyJay]

55 minutes ago, Clydesmom said:

Unfortunately a loan is going to fall under the written contract statutes and that SOL in LA is 10 years.  This is what I read, and feared. I appreciate the reply.

There really are only 2 defenses to an OC lawsuit:  identity theft and the SOL.  Neither seem to apply to your case.  Settle.

This was my next step after I filed my answer. Is it best to send the settlement offer when I send them a copy of my filed answer ? 

 

[Clydesmom]

2 hours ago, SammyJay said:

This was my next step after I filed my answer. Is it best to send the settlement offer when I send them a copy of my filed answer ? 

File your answer with the court first and send a copy CMRR to the attorney listed for Discover on the complaint.  You can start settlement discussions at any time prior to the court issuing a decision.  Settlement talks are NOT admissible in court.  To keep your liability limited you can use language such as the account is disputed by me but in the interest of saving time and money I am offering [amount] to settle this in full right now.  Make sure you can fulfill what you agree to.  Get all terms in writing prior to paying and use a cashier's check or money order to pay.