Being sued by a debt collection agency-filed a lawsuit

Hello Guest, what is the name of this Collection Agency? I am moving this topic to the
Dealing with Creditors and collection agencies forum so it will receive more attention. I will leave a link behind so you won't have any problems locating it. :D

I forgot to ask, what state are you in?

Merely contacting them will not restart the SOL, making a payment or promise to pay will however. In some states acknowledging the debt may also.

to be honest, as soon as possible, I would file a motion to dismiss with prejudice, and be sure to send a copy by certified mail to the plaintiff. In this motion I would mention that the debt they are suing over is 9 years old, which is outside the statute of limitations in your state. Well, of course, this is only if the debt really has passed the SOL where you live. What state do you live in? That will let us know the SOL where you live, and you can hopefully end this one fairly quickly. This does not, however, relieve you of your responsibility to pay a debt--it only limits the plaintiff as to what methods they may use to collect it. But SOL is what I call an active-only defense. This means that you have to bring it up to the court as your defense--the court will not automatically throw their case out due to expired SOL. You have to state that as a defense for that to happen. Stating the SOL would force the plaintiff to either prove that the SOL has not expired, or drop the case.

Also, unless you live in Texas, or a few other states, there is no set time limit they have to respond to you.

You do need to find out about the SOL, although, as stated, it doesn't mean there isn't a debt owed, just that they cannot legally pursue it.

I had a debt years ago that was paid off, maybe 7 years later a CA contacted me about the whole balance. I had gotten rid of statments by then and couldn't remember when I had paid the OC off. I wrote a letter, they didn't contact me, but a couple of years later another one did, I went through this for a number of years.

Finally one of the collectors callimg whispered that I need to write a cease and desist letter to not ever contact me again, it worked! The point being, is that they often "bundle" these debts and re-sell them, so be carefull..karen

I live in Texas and the collection company is Ozark Capital Services. In my letter I did state that I would like to cease all communication from them and if they add anything negative to my credit report I will not hesitate to contact my lawyer. So far I have not heard a thing from them. I also added fraud alerts to my credit report through all three credit bureaus.

Are you sure it's not Ozark Capital Corporation
A/K/A Hosto & Buchan?

Since you asked for validation of the debt ( you're basically saying " Prove it") you should wait it out to see what happens. Don't agrre or admit to the debt they say you owe, ever, at all, unless they do send you validation of the debt.
I just got word from my lawyer today that the agency that was sueing me for $11,000 had droped the siut against me......I waited about 3 months for their validation of the debt and apparently they couldn't produce it.....the waiting for proof approach worked for me.