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  1. #1

    Default Waiver of the Statute of Limitations for a Loan

    My question involves collection proceedings in the State of: California

    According to the Plaintiff deposition they are saying I waived the SOL. Don't know if that is what they say in all their deposition to collect. I do not have a copy of the contract becuase it so old and Cash Call no copies of the agreement becuase they sold it off. Do the judge take the side of the Plaintiff automatic?

  2. #2
    Join Date
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    Default Re: Cash Call Loan

    Did you raise the statute of limitations defense in a timely manner when answering the complaint? Have you formally raised it at all?

  3. #3

    Default Re: Cash Call Loan

    Not yet I am preparing my answer for court on 10/26/2011. So you are saying that I MUST raise the defense of SOL in a timely manner to have it addressed. If so will do

  4. #4
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    Default Re: Cash Call Loan

    You have to properly raise and argue the statute of limitations, as it is an affirmative defense.

    I don't know if the plaintiff has a valid argument that the limitations period has been waived; if they explained their theory at the deposition, perhaps you could fill us in on what they are thinking.

  5. #5

    Default Re: Cash Call Loan

    All I have is what they wrote in the "First Cause of Action". It lists when the contract was breached March 31, 2006 and how many other collection agencies it was "assigned" and their names. In the last paragragh it says SOL was waived. I just want to properly raise and argue this. I have been abused by this company and some of them that were mentioned. I don't want to say the wrong thing or present this the wrong way, I have one shot.

  6. #6
    Join Date
    Feb 2010
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    CT & IL
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    Default Re: Cash Call Loan

    YES YES YES ... file a counterclaim too if you wish ..

    Wait! Your answer for court on 10/26 ??? Is this small claims? Normal court has a complaint filed & w/i 28 or 30 days a response is required -- where most folks file their answer .... sooo when was the complaint filed...did you ask for an extension of time to answer & they gave you until 10/26??

    I no understand something here.

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