i see many posts from people being sued for debts that should fall under statute of limitations, but i havent seen any one post that has successfully defended soley on a sol defense, i know everyone says it is a affirmative defense and should be sufficient, but has anyone actually used it and won a dismissal based on this? from my earlier posts i am also being sued for a old debt in florida that is well over the limit for both open and written contracts. june 2002 i stopped paying. i did go to legal aid today, and she is going to file a motion to dismiss based on other problems with the plaintiffs lawsuit, but doesnt even bother with the sol, she says we will use it later if necessary., she also says that the lawyers file these suits in mass, and have a rent a lawyer represent them at the hearing, and hope that everyone will cower and submit to mediation or agree to pay or wont show and challange even though they might have a sol defense. i will post the outcome good or bad
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Some of the Members that used to participate when I first joined used the SOL Defense a time or 2.
Before the Law changed and Creditors became more aggressive,.......... Some of the older Members, that no longer participate here, went years without paying on debts.
You might look in some of the older posts of the Forum to see if you can find some of those discussions. Back 2005 and earlier.
Another place to look is the Credit Boards Forum. There were some people that participated there that talked about this as well.Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen... -
You could file the motion to dismiss but I think you have a good case for a counter-suit if you chose to pursue it.Comment
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Not only creditboards but, try creditinfocenter.com
Most lawyers will throw the kitchensink at a plantiff. They'll start with a general denial and a demand that they prove all allegations. They'll also attack the chain of custody-a lot of cases have ben won right there. You may owe the debt but, do you owe it to the party suing. And then, there's the SOL plus, any counterclaims. Here's a link to a very nice defense from a Ky. lawyer.
Post 12 is the defense. The object of the execrise is to win. Give the judge as many reasons to rule in your favor as possile.
Here's a recent lawsuit in Fl. that may help explain where your legal aid lawyer is going.
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