Case dismissed due to SOL

[Tink11464]

What is the name of your state? Pennsylvania

I just wanted to say a BIG thank you to GulfBreeze, tranquility, BoredAtty, HomeGuru, You are Guilty and everyone else who helps people on these boards.

I had my case today where NCO financial and Applied Card systems (formerly Cross Country Bank) sued me. We were in and out within 5 minutes once I pointed out the SOL expired, the lawyer said it was a mistake - he didn't notice - that the case should be dismissed.

I don't run from my debts or let them go unpaid - but these 2 companies are scumbags and should definitely be forced out of business!!

Thank You - Thank You!!

 

[moburkes]

Good job!

 

[Tink11464]

Thank You and thanks to everyone here for all of the GREAT help you offer to those of us who cannot afford an attorney and have to fight for themselves. The good you do will definitely come back to you

 

[GulfBreeze]

Chalk another up for the good guys.....

You see....someone of us have experienced this before and enjoyed the feeling of putting these people in their place. If they wanted their money so bad, they should have followed the law and gone after in a timely matter. They just sit on their rights hoping to rack up lots of interest and find "uneducated" people to fool. The problem is, with the internet, the word is quickly spreading that they have rights. That is a concern for some, so they come here and try and confuse people. Glad your case ended up like it should...DISMISSED!!!!

 

[BoredAtty]

So the bank's attorney voluntarily dismissed the case? It didn't even go before the judge?

Good job.

 

[ProPerDoper]

Good for you!

I read your posts with great interest. Good job with the research, and the argument.

 

[Jinx13]

Congrats Tink11464! I've been following your case since I'm in the exact same boat with the same company. You've given me some more hope! Would love to compare notes.

 

[Tink11464]

The attorney came in and asked the clerks for 10 minutes to see if we could "work things out". He asked me what i wanted to do? I told him that I was going to ask that the case be dismissed based on the statute of limitations being expired (read him the actual code). I think he may have peed himself !! He kind of stuttered, asked me to show him the actual last day of activity (which I showed the credit report)!! He was extremely (somewhat weirdly) apologetic - - kept apologizing for putting me in that position??? Weird...

He went into court and the judge dismissed it - the lawyer said his paralegal wrongly filed the case and apologized for taking up the judge's time (the guy drove over an hour to even get to the hearing). He said he wished I would've called him ahead of time to let him know about the SOL.

I am not about avoiding paying bills, as I have other credit cards, a new car, bills, etc... all that I pay on time - all of the time. It's the fact that these scumbags are out to raise interest to ridiculous rates, outrageous unexplainable fees, post payments late, do whatever they could do to drive people to the point that they can't pay. I know it's hard to beleive that it happens that way - but it's so true...

Sooo... This win was for all of those people who don't think they can do this without a lawyer (if you can afford one, I'd get one - but if not - it can be done!!).

Thanks again!!