Does SOL freeze when lawsuit is filed?
Date: Sun, 09/10/2006 - 18:35
The SOL expires in October. Your court date is scheduled in Nove
The SOL expires in October. Your court date is scheduled in November, right?? You can use your defense legally. Basically, you must be aware of the fact that the collector should not get a default judgment before the SOL expires. But, get in touch with a lawyer and confirm what your next move should be. I think you will have to send the dispute letter mentioning about the expiry of the SOL immediately on that day when it expires.
As long as it was filed before the SoL date it is valid.
As long as it was filed before the SoL date it is valid.
SOL
I was afraid the filing of suit made it valid.I am going to show up at court and fight it because the CA refused to validate the debt and I have disputed some of the charges for years with no proof from original creditor or the 3 CAs that have handled it. I figure showng up is better than having a judgement filed by default. Am I correct on that?
YAY! you definitely need to attend the court hearing if the pape
YAY! you definitely need to attend the court hearing if the papers have been filed at the court. Explain your part of the dispute done in the past and steps taken to resolve the matter. The judge might make some decisions suitable to you after going through your case.
Quote:I was afraid the filing of suit made it valid.I am going t
Quote:
I was afraid the filing of suit made it valid.I am going to show up at court and fight it because the CA refused to validate the debt and I have disputed some of the charges for years with no proof from original creditor or the 3 CAs that have handled it. I figure showng up is better than having a judgement filed by default. Am I correct on that? |
If you requested validation and they continued to persue collcetion activites without providing the requested validation, then you have grounds for a fdcpa Violations suit.
Thanks for the good comments. I am frightened about going to cou
Thanks for the good comments. I am frightened about going to court. I hired someone to help me prepare my legal "answer" to the suit. Now that I see how it was done, I realize I could have done that myself. The suit is filed in small claims court so I am not hiring an attorney to represent me. Should I, since a judgement would further hurt my credit? What is the worst that can happen?
Anyone familiar with laws in Texas relating to this matter?