Anyone know of ASS acceptance being beat b/c outside SOL

[mark40511]

What is the name of your state? KY

I've read some forums about people losing their cases. That the judge ruled for the plaintiff even though it was outside the states SOL. So to me, if it's plain and simple cc debt that outside the SOL doesn't mean your in the clear.

 

[racer72]

Could you post exactly where you saw this. In the 4 years I have been coming to this forum I have only heard of the SOL defense not working a few times and there were extenuating circumstances.

 

[cmorris]

Also, can you prove when the account went into default?

 

[Ladynred]

It has been shown by reviewing many, many cases filed by ASSet in a number of states that ASSet wins when their victims don't show up in court to fight them. In those cases where the defendent DOES show up, especially on out-of-statute debts, then ASSet will either withdraw and/or dismiss or they just get beat.

ASSet thrives and counts on people being too ignorant and too scared to go to court to fight them. If you put up a fight, it costs them more money and they are looking for the EASY kills. So.. don't be an easy kill, put up a fight, cost them money and time and use the SOL defense, they will most often back down like the scurvy dogs they are.

 

[guest.]

The only losers v JDB's I have seen

1) did not follow the rules of civil procedure
2) relied exclusively on the SOL defense

Those who fight and have a general idea of what they are doing get the case dismissed long before a judge hears the SOL defense.

 

[mark40511]

Ok

Really. They did not follow the rules of civil procedure? What would those rules be?
They relied soley on the SOL defense? Thats not enough?

 

[guest.]

"Really. They did not follow the rules of civil procedure? What would those rules be?"

Rules of discovery; Timely answering requests for admissions

"They relied soley on the SOL defense? Thats not enough?"

It's plenty as long as you can effectively argue it. Depends on if your state defines a specific SOL for open-ended accounts how easy it is. Most are generally trying to arque a CC doesn't constitute a contract in writing. If that is the situation and there is no supporting caselaw, it will be up to your ability to argue law.

I certainly think the SOL should be rasied if possible, but there are a lot of other affirmative defenses and discovery works both ways.