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Does SOL freeze when lawsuit is filed?

Date: Sun, 09/10/2006 - 18:35

Submitted by anonymous
on Sun, 09/10/2006 - 18:35

Posts: 202330 Credits: [Donate]

Total Replies: 6


I have a court date scheduled in November for an old CC account. The SOL is around Oct 1. Since they filed the suit in August, does that mean I cannot use the SOL defense? I was not sure if it was the date the suit was filed or court date.


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.


lrhall41

Submitted by a_neblat on Mon, 09/11/2006 - 15:44

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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?


lrhall41

Submitted by on Mon, 09/11/2006 - 21:22

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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.


lrhall41

Submitted by LCW on Tue, 09/12/2006 - 17:59

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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?


lrhall41

Submitted by on Tue, 09/12/2006 - 21:06

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