Must a Judge / Court honor

[Tink11464]

What is the name of your state? Pennsylvania

Must a Judge / Court honor a statute of limitations on a credit card debt?

In PA the statute of limitation on credit card debt is 4 years. My case is Friday and the last activity on my credit report for that card is 3/03 (March 2003), the attorney for the collection company filed their case 5/2007 (May 21, 2007) - which is more than 4 years.

I'm just curious (and I can't afford an attorney - so I have been researching on my own) can a judge NOT honor that Expriration of Statute of Limitations?

Thank You

 

[HomeGuru]

What is the name of your state? Pennsylvania

Must a Judge / Court honor a statute of limitations on a credit card debt?

In PA the statute of limitation on credit card debt is 4 years. My case is Friday and the last activity on my credit report for that card is 3/03 (March 2003), the attorney for the collection company filed their case 5/2007 (May 21, 2007) - which is more than 4 years.

I'm just curious (and I can't afford an attorney - so I have been researching on my own) can a judge NOT honor that Expriration of Statute of Limitations?

Thank You

**A: read the sol law on credit card debt again.

 

[Tink11464]

Maybe I'm missing something - I re-read it and don't know what you mean??

Thanks

Lisa

 

[You Are Guilty]

Here's another hint: the Statute doesn't always start to run on the date of last activity. Sometimes, it can be (quite a bit) later. So, you might still be in the SOL, depending on just what happened in 2003...

Good luck though.

 

[Tink11464]

The only thing I see is that the "the statute of limitations starts ticking from "date of last activity" on the accounts".

Is this not right?? I am trying to look everywhere I can - but that's all I see. Thanks for all of your help!!

 

[BoredAtty]

I'm just curious (and I can't afford an attorney - so I have been researching on my own) can a judge NOT honor that Expriration of Statute of Limitations?

A judge must rule according to the law, so the basic answer to your question is "a judge must honor the statute of limitations." However, as the others alluded to, there could be a dispute as to when the SOL began to run.

 

[Tink11464]

Is there any way that I can tell when it the SOL began to run? I am Googling everything and anything on SOL and when they begin... As ALways - Thanks

 

[tranquility]

Just out of curiosity, did you plead the statute in your answer to the complaint?

 

[Tink11464]

I didn't plead anything in the countersuit - - I just stated that the case currently has a case # with attorney Generals office in PA for harrassment and the specifics in regards to that - how they called my home and job (stating to my children and work that there is a warrant for my arrest coming that day to take my "F-ing a** to jail" for not paying my bills).

 

[Tink11464]

From what I could find - - It says "When does my Statute of Limitations start ticking? Use your credit report as a reference. Your credit report will tell you the date of the last activity for your account."

My report says 3/03.

 

[tranquility]

I asked nothing about your "countersuit". I asked about your answer to the complaint.

If you received a complaint, you need to answer it or risk default judgment. If by "countersuit" you mean your answer, if you did not plead the statute of limitations and instead talked about them harrassing you, you may have already lost no matter how you count the days.

I believe the statute of limitations is an affirmative defense. Meaning it must be plead in the answer to the complaint or response to the summons or it could be waived. If you are heading into court on Friday, you probably would have had a better result if you searched under the cushons for change to pay an attorney. I'd start trying to make a factual argument and forget about the legal one. (At least in regards to the statute of limitations.)

 

[Tink11464]

Good Mrning Tranquility - I apologize - I was only letting you know what I wrote. I can not afford an attorney (as I'm sure, unfortunately, most of the people in my situation can't). That's why I have been trying to do all the research I can on my own. I called the courts to let them know I will defend myself. I went in to file a counter claim and they didn't say anything about putting my plea in that paperwork (or anywhere else). They never asked what I was pleading - i thought that would be done in the courtroom...

That's why I have these questions - and am very appreciative of all of the answers on this forum.

Thank You

 

[tranquility]

You don't need to apologize, I'm only pointing out words matter. When you go to court, I suggest you deal with the facts and point out why you don't owe the money. Also, you might try to bring up the collection practices. The judge will probably not allow it, but it couldn't hurt. Also, review "latches" as I don't believe that is an affirmative defense, but an equitable one and you may still be able to claim it if the facts are right.

I'm sorry to say that you probably lost any right to claim the statute of limitations by not pleading it in your answer/response. Ask the judge for a leave to amend your answer to include the defense. He doesn't have to, but he might.

 

[Tink11464]

Thanks tranquility -

do I say that the way it's spelled? Latches? i see that it's about taking so long to file (probably hoping that they would get a big payoff from me without having to go to court - or they just like harassing people). But it's funny how they didn't file until I filed a case with the attorney generals office and the federal trade commission about their unfair collection practices.... I know - I'm probably saying more than you want to know - just worried...

Thanks again.

 

[BoredAtty]

Uh oh...

Rule 1030. New Matter.

(a) Except as provided by subdivision (b), all affirmative defenses including but not limited to the defenses of accord and satisfaction, arbitration and award, consent, discharge in bankruptcy, duress, estoppel, failure of consideration, fair comment, fraud, illegality, immunity from suit, impossibility of performance, justification, laches, license, payment, privilege, release, res judicata, statute of frauds, statute of limitations, truth and waiver shall be pleaded in a responsive pleading under the heading ‘‘New Matter.’’ A party may set forth as new matter any other material facts which are not merely denials of the averments of the preceding pleading.