Old Debt

I lived abroad from 1993-2000, and am now getting letters from collection agencies regarding debts incurred on my SSN while I lived abroad. Is there a statute of limitations as to how long a creditor has to attempt to collect a debt? I would like to use this as additional armament for my battle against them-
The ID theft occurred around 1994 and most billing addresses are for Kentucky. I now live in Washington. (I know laws vary from state to state).

[JETX]

Some random thoughts.... and answers:

1) Your post said that these charges arose from an identity theft issue. If that is true AND if you handled them in a timely manner (notice to card issuer, affidavit, etc.) then you probably wouldn't be liable for the debts.

2) If the charges were under the jurisdiction of Kentucky, the SOL there for 'open account debt' is 5 years.

3) If the charges are under the jurisdiction of Washington (state), the SOL there for 'open account debt' is 3 years.

Based on 2 and 3 above, if this debt was incurred 'around 1994' as you claim, any attempts to collect them would be unenforcable.

Your advice is just a wee bit dangerous to say the least. You say:

<li>2) If the charges were under the jurisdiction of Kentucky, the SOL there for 'open account debt' is 5 years.

<li>3) If the charges are under the jurisdiction of Washington (state), the SOL there for 'open account debt' is 3 years.

Based on 2 and 3 above, if this debt was incurred 'around 1994' as you claim, any attempts to collect them would be unenforcable.

Not so! A defense based on Statute of Limitations must be raised by a defendant who makes proper and timely answer to the court upon notice of summons on motion of summary judgment and raises the question in open court. The court is convened and is in session to hear and act upon the motions of the movant party and is not obliged to raise questions or motions of defense for the defendant but is required to hear arguments and pleadings of the defendant if properly raised in court by the defendant.

Boiled down to it's essence, if the defendant does not raise the issue in defense the court will grant the motion of the plaintiff regardless of any other circumstance such as SOL. <font color=red>Figuratively speaking</font> it could be a 100 year old debt under a 1 year statute of limitations but if the SOL is not raised as a defense, it will make no difference whatever.


[email]ceo@creditwrench.com[/email] [url]http://www.creditwrench.com[/url]

Originally posted by bbauer
Your advice is just a wee bit dangerous to say the least. You say: Not so! A defense based on Statute of Limitations must be raised by a defendant who makes proper and timely answer to the court upon notice of summons on motion of summary judgment and raises the question in open court. The court is convened and is in session to hear and act upon the motions of the movant party and is not obliged to raise questions or motions of defense for the defendant but is required to hear arguments and pleadings of the defendant if properly raised in court by the defendant.

I actually burst out into laughter when I read this post from you bbauer. You are a complete idiot. Your post is like legal potpourri – you have heard of some legal terms and you just throw them around even though you obviously have no idea what they mean. Let’s address what you said.

You aren’t noticed a Summons, you are served a Summons. You have to file a RESPONSE to the summons, and a summons has nothing to do with a motion FOR (not of) summary judgment. A motion for summary judgment would be filed much later in the litigation after discovery has taken place to try and obtain a judgment based on facts discovered through discovery.

The defendant would need to file a demurrer in this case, not a motion, do you know the difference? I’ll let you look it up. In the case of a Statute of Limitations issue the defendant would have no trouble winning a demurrer.

Boiled down to it's essence, if the defendant does not raise the issue in defense the court will grant the motion of the plaintiff regardless of any other circumstance such as SOL. <font color=red>Figuratively speaking</font> it could be a 100 year old debt under a 1 year statute of limitations but if the SOL is not raised as a defense, it will make no difference whatever.

Not true again. If the defendant lists the date of delinquency in the complaint as beyond the Statue of Limitations the court will reject the filing on its face. If they lie about the date of delinquency this can be addressed through a simple demurrer. You really need to stop giving people advice before somebody takes yours and gets hurt.


[email]JASON@LEGISLATOR.COM[/email]

“What are you people thinking???”

[JETX]

JasonRT: Good post. Thank you.

This idiot "BB-Brain" reminds me of the Wizard in the "Wizard of Oz". He stands there and spouts opinions and believes as if they were fact, while hoping that no one finds that he/she is really nothing but a blow-hard with a very small amount of knowledge. Then, when people like you (with far more and accurate knowledge of the facts) start pulling the curtain aside, he will start sputtering nonsense to try to divert all of us from the real truth... BB-Brain has ZERO knowledge of the legal issues. He/she can obviously read (or has someone do it for him/her), and seems to have read a few legal opinions or interpretations, but he/she is very dangerous when it actually comes to the REALITY of law.

Proof positive that someone with a little knowledge is much more dangerous than someone who truly knows the subject.

But, don't worry about ol' BB-Brain. The executioners axe is in the downswing and the fat lady is tuning up.

Yes, stupid, I know what a demurrer is and I know that Demurrers are no longer used in federal civil or criminal procedure but are still used in some states. I don't know what states they are still used in but it's likely that back up in the piney woods some places they do still use them. Back where shysters like you hang your idiot shingles out and claim to be "Honest Lawyer" types. The hicks don't know any better up there and your old JP does anything his fool heart tells him he can get away with and make it stick.

General demurrers are replaced in the Federal Rules of Civil Procedure by motions to dismiss for failure to state a claim on which relief may be granted. Special demurrers are replaced by motions for more definite statement.

In the Federal Rules of Criminal Procedure, a motion to dismiss or to grant appropriate relief takes the place of a demurrer. Demurrers are sometimes used to question a court's jurisdiction.
Also there are demurrers to the evidence, general demurrers, and special demurrers. You want to know about them too?

Hey! If you can't run with the big dogs just go crawl back up under the porch.

[color=brown]In the case of a Statute of Limitations issue the defendant would have no trouble winning a demurrer.[/color]

That's all quite true, boob but most defendants never show up for court and you know it. And if they did they'd just get run over like a worm on the freeway. They wouldn't have a clue as to what the SOL was or how to argue it. They'd be just like you, sitting there with their mouth full of teeth and that's all.

Your argument is frivolous, untrue without merit and totally and completely off the wall and out to lunch.

if the defendant lists, if the defendant demurrs, if the defendant lies, if the defendant discovers, if the defendant does this, if the defendant does that.

Christ, if he had enough knowledge to do any of that he wouldn't be in the shape where he needed all your foghorn crap. Only a legal rocket scientist would think up all the ifs, ands & butts to throw at somebody.

You ought to spend a day at the horse races. You would soon meet IfIda, Coulda, Shoulda, Woulda, Mighta, Hadda and a whole bunch more like them. They are all your speed too, losers every one of them.

If wishes was horses, beggars would ride too. And if brains was dynamite you wouldn't have enough to blow your nose.

[quote][color=brown]The executioners axe is in the downswing and the fat lady is tuning up.{/color][quote] The only fat thing around here is your head and the only thing you will ever have a chance to get in tune is that pea rolling around inside of it and that's a long shot.

[JETX]

Bub-Bye. So Long. Sayonara.

Who are you, Rocko Sufretto?