Court on 4/24/08

[HelpMeInMDNY]

What is the name of your state? I live in MD, my court date is in NY.


After I moved out of Brooklyn, NY to MD Mel S. Harris sued me for a debt that was in 2000. The last reported debt date I believe was October '03. Can Mel S. Harris still come after me?

If it is my debt then I intend to pay it. I have had my identy stolen and four credit cards were open under my name without my knowing or authority. I'm just wondering what's easier to prove or disprove as I don't have much time.

Has the SOL expired therefore the debt is expired or can they still sue me?

Please help.

[debtcollector`]

If you fail to answer the suit and appear in NY, you will lose and they get everything they ask for.

DC

[Texas Pooh]

Can Mel S. Harris still come after me? Has the SOL expired therefore the debt is expired or can they still sue me?

Yes. The SOL is a defense, which must be properly raised in response to a lawsuit. If the SOL has expired, then the lawsuit is dismissed. However, if it is not raised by an answer, the creditor wins (even where the SOL would have been successful).

[HelpMeInMDNY]

How do I properly bring up the expired SOL? And what form of proof do I need? A lease agreement or a letter from my current landlord in MD stating my move in date and such?

What is the proper legal term I would have to use for the SOL to stand in court?

Thank for all your help and consideration. I really do appreciate every reply.

Many thanks!

[Debt Guy]

How do I properly bring up the expired SOL?

You must file an answer and assert your defenses. The answer is a legal document and is filed with the court clerk. A copy should be mailed to the attorney for the plaintiff. Although with less than 48 hours before court, I guess sending it by fax would be the best your could do. You need to call the court clerk and ask if you can file your answer by fax or by overnight mail.

Do you know what an answer is? Your questions lead me to believe you are deeply in over your head. You can act as your own lawyer but you got to follow the normal lawyer procedures. You have really cut yourself short on time to learn very much.

And what form of proof do I need? A lease agreement or a letter from my current landlord in MD stating my move in date and such?

You really don't need proof right now. Although if you have solid proof, then you may attach it to your answer.

Be advised the SOL in NY for a written agreement is 6 years. Has it been 6 years? The SOL begins to run from the date of breech (default) not from the date you signed the contract. Your post is confusing. You mention a contract in 2000 but a reported date of 2003. Neither are the date you need to know.

What is the proper legal term I would have to use for the SOL to stand in court?

You have much bigger problems than the proper legal term. But, the term is "time-barred under the statutes of the state of New York (Penal Law, Part 3, Title K, Article 190.50 -- I think, I am not a lawyer and just did a google search)

You need to go fast like a bunny!

[garrula lingua]

I'm not proficient in collection law, but didn't the SOL toll when the OP left the state ?

[debtcollector`]

Originally Posted by garrula lingua

I'm not proficient in collection law, but didn't the SOL toll when the OP left the state ?

Yup, it sure did.

DC

[HelpMeInMDNY]

Originally Posted by garrula lingua

I'm not proficient in collection law, but didn't the SOL toll when the OP left the state ?

Can someone please tell me what the above statement means?

[debtcollector`]

Originally Posted by HelpMeInMDNY

Can someone please tell me what the above statement means?

While there are factors that affect this, the simple answer is that the clock on the SOL stopped running when you left NY. It will not continue until you return to NY, which also means that using SOL as a defense may be risky.

DC

[StephenH]

You may want to file a "Change of Venue" and ask them to go after you in Maryland.

Additionally, you should do a discovery and ask for the last statements, run your credit report and if there is any evidence that this account was ID theft, to file a police report. You can also raise this defense if this is the case.