Is SOL enough to get case dismissed?
Date: Mon, 12/08/2008 - 00:00
debt
Hi, GUEST..and wanna say "Welcome". I'm not a 'professional' in this field, but, those who are will be along soon. What I DO want to say is the different threads/posts, I've read on this forum says that you have a BETTER chance, to have a case dismissed, if the SOL has expired. Can you please tell me what state you live in and the SOL for your state? Thanks.
reply
show up in court on the date on your summons.if you do have proof it is past the SOL,then it will be dismissed.do not assume because you filed a response it will be dismissed that way.you must show up and present your proof to have it dismissed.
Who is handling the arbitration? If it is court you might be ok
Who is handling the arbitration? If it is court you might be ok with the SOL defense.
If it is part of the agreement that you are subject to arbritration, then probably not. The arbrittation companies are paid a great deal of money by the collection industries and they tend to back them regardless of the rules.
I read an article about a couple of former judges who were doing arbitration work for one of the big companies and were dropped for the roster after ruling against the CAs.
My state court mandates the non-binding arbitration, they mandat
My state court mandates the non-binding arbitration, they mandate it in all cases such as mine I think it is all District Court cases under $5000. It is non-binding however, so even though I have proof the SOL is up will the arbitrator's decision really even matter?
No, if it is non-binding than either side can still take it to c
No, if it is non-binding than either side can still take it to court. But more than likely if the CA loses they will stop because they will have stricter rules in court and will probably just waste money proceeding.