Affirmative Defenses and SOL Defense?

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I am not so sure! I received a debt notification about an old phone bill. It was for over 700.00. I know that no phone company I ever dealt with would let me go that high without suspending service! I found an old bill that was past due from 6 years ago that was for around 79.00. I wrote a letter to validate the debt and also prove it was not time barred. The collector wrote back and said the debt was being returned to the original creditor who was another collection agency. Both defenses applied here. Denying and claiming SOL were not contradictory in this case! Nor would they be in court.
Basically what I was claiming is that I never owed a phone bill of that size and it was beyond statute anyway!

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well, keep this in mind, it also depends on what information you have.

Example--I was contacted not too long back by Portfolio about an old phone bill that they claimed I owed. I didnt even live in the state where this account was from at the time they said it originated.....but they did tell me when the account was opened, and when their records show last payment being made. When all was said and done, SOl and denying could both be used in this case....because the SOL claim would have been based strictly upon information provided by the CA itself.

Thanks for the replies! I've heard so many people listing their affirmative defenses and including SOL as one, while in their answer - they said that they had no knowledge of the alleged obligation, etc. That's where I just can't quite get it.

I guess maybe in one way, that could be taken that they don't recognize the debt, but in case it is something so old . . . they throw in the SOL as a defense?

I just keep waiting for some judge or the plaintiff's attorney to ask them if they basically are saying the debt is not theirs . . . how can they plead SOL as a defense? At that point, I think I would crawl under the table! LOL! :rolleyes:

On the other hand if you do really recognize the debt, but you know it is beyond SOL - how would you list your defenses?

well, hang on a second....

Is this already in court? If you are in the process of being sued, look on the summons/complaint. Did they list any info about when the account was opened? Heres how I would handle this one...if you think it is past SOL, I would proceed with the standard response of requesting discovery. One of two things will happen, either they wont have documentation and you can move for dismissal with prejudice, or they will have documentation and it will show the age of the debt. At that point, if SOL is past, I would then move for dismissal with prejudice on the grounds of expired SOL. Remember, even if you recognize the debt, you need to force the debt collector to prove their legal right to collect on it, as well as verify the amount as true and correct. The way for you to do this is to make the plaintiff provide the documentation that will prove SOL for you.

In magistrate court in my county anyway - they would not let me file for discovery.

And on the summons (the case I'm talking about now is over and was dismissed without prejudice before court time), there was nothing to show when the alleged debt occurred. I guess if it had of gone to court, at some time the plaintiff would have "had" to show some kind of documentation at which point then maybe a discussion about SOL could be entertained? Then again, when you're already at court and you haven't been able to ask for discovery and don't really know what debt they are talking about - you're kinda there empty handed with no back up proof.