Statute of Limitations
Date: Tue, 08/18/2009 - 18:27
Where and with whom do you state that the statute of limitations has passed on an account? If a judgement has been granted, is it too late to use the statute of limitations rule? Thanks.
If the judgement has already been granted and you were properly
If the judgement has already been granted and you were properly served and the debt was out of SOL then, your defense to the summons would have been that the debt was out of SOL...now is too late. However if you were not served a summons and they got a judgement against you, you can dispute it on the basis on improper service...the judgement should be set aside. If they try to serve you again, that is the time to use the defense of being out of SOL.