lss
Date: Fri, 05/14/2010 - 15:04
You would be correct in that the SOL has passed. However, do yo
You would be correct in that the SOL has passed. However, do you have a way to prove the payment? If you have something to bring to court to show exactly when the payment was made, you will be able to prove your case. Debt collectors like to lie about the last payment made....it happens all the time. Did you file your answer to the summons yet? That is when you must state that the SOL has passed--in your answer and affirmative defenses. Get back to me, let me know if you have filed your answer yet, and we can go from there. SOL is something that the court will uphold, but you must make mention of it as your defense--the court will not bring it up for you. If you say nothing, then the court will continue as if the SOL has not expired.