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  1. #1
    Join Date
    Jan 2011
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    Default Defense Against Very Old Debt and Tolling of the Statute of Limitations

    My question involves collection proceedings in the State of: Florida

    Hello, I had a dispute with a credit card in 1990 and simply didn't pay it. I lived in the United States for two years after that, and they didn't sue me for it. I then moved to Canada and mostly lived there, but lived for short periods in the United States.

    I'm wondering what a defense would be if I were sued, since I never built up enough time in any state to assert the statute of limitations without it being tolled. I understand the concept of laches is also limited to equitable claims, not "legal" claims.

    I would obviously not be able to produce any records on the dispute; most banks hold records for 7 years and I am not even sure about the bank I had at the time.

    Thanks in advance for any information on this specific issue and on tolling the statute of limitations / laches in general.

  2. #2
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    Sep 2005
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    Default Re: Defense Against Very Old Debt and Tolling of the Statute of Limitations

    If you are sued over credit card debt, and you lack a statute of limitations defense due to the timely filing of the suit, your most obvious defense would be that you don't owe part or all of the money claimed.

    "I don't want to pay the money I owe" isn't a valid defense.

  3. #3
    Join Date
    Jan 2011
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    15

    Default Re: Defense Against Very Old Debt and Tolling of the Statute of Limitations

    Sure, but I have no records at all to support my assertions. The credit card company applied a very large charge twice. They then removed the charge after a few months, but left the interest - and the unfair overlimit fees etc. - on the amount unfairly charged. They ignored the issue despite several letters on my part. The bank eventually went bankrupt and was taken over by another bank. After the acquiring bank didn't do anything about it, I calculated the amount that had arisen from the interest and fees, paid off the rest and sent a letter as to why I wasn't paying the remainder.

    In other words, not everyone is trying to just get out of paying. And the amount is substantial, like 2k.

    But I would appreciate a more substantive response from someone about my original question.

  4. #4
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    Jan 2011
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    15

    Default Re: Defense Against Very Old Debt and Tolling of the Statute of Limitations

    And I absolutely don't believe in "true justice" - that I just have to go in and tell the judge my story and everything will work out OK. The legal system doesn't work that way.

    After over 20 years, a collection agency has started threatening me (keep in mind that the bank never sued in the beginning, although I was there for a couple of years).

    I would appreciate information on laches or similar defenses.

  5. #5
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    Default Re: Defense Against Very Old Debt and Tolling of the Statute of Limitations

    Your original question appears to have been, "I'm wondering what a defense would be if I were sued, since I never built up enough time in any state to assert the statute of limitations" - which translates into, "If I don't have statute of limitations defense and admit I owe debt, what defenses do I have," to which I suppose we could answer "the rest of them" or "How would you expect us to know". Seriously, your defenses depend upon the facts and so far all you've told us is that you owe the money. We're not psychic.

    If you go into court and claim, "I don't have any records and don't know what I owe, and I had this credit card and defaulted on some amount of debt, but you shouldn't find for the plaintiff," and the judge rules against you, that would appear to be the system working exactly as it's supposed to work. If you want documentation of the debt, you are free to take advantage of whatever discovery is permitted in the court in which you're being sued.

  6. #6
    Join Date
    Jan 2011
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    Default Re: Defense Against Very Old Debt and Tolling of the Statute of Limitations

    Mr. Knowitall,

    I know exactly what I owe: $0.00.

    I was ready for the bank to sue me in the two subsequent years. I had all my correspondence, I had my calculations, I had everything. I was ready to go. After 10 or 12 years without a peep from anyone, I eventually tossed the records. Fairly normal behavior in life, or?

    The only verification of the debt from the threatening agency is the statement balance when I quit paying, verified by the bank. There are no other records, but I think that would suffice in a court.

    Also, I discussed the fact in my original post that records are no longer available to me. That is not in line with your assertion that I seemed to say " I admit I owe the debt". A reasonable person could not make that assumption at all. Not in the least, unless you have a set agenda. And your statement <<'I don't want to pay the money I owe' isn't a valid defense.>> is simply insulting without any basis for it. Long on false judgment, short on legal information.

    Does anyone have information on laches or on exceptions to the tolling of the statute of limitations? I would really appreciate it.

    I find these "submarine tactics" from a bank that knew it couldn't originally win by suing me reprehensible. Absolute scum.

  7. #7
    Join Date
    Sep 2010
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    19,901

    Default Re: Defense Against Very Old Debt and Tolling of the Statute of Limitations

    The tolling doesn't have squat to do with how long you were in "any one place." It applies to your presence in the state that the suit will be brought (most likely where the account was established otherwise they couldn't bring a suit there at all).

    As you've figured, you can't use SOL to dismiss the case. You'll have to provide your evidence of the fact that the disputed amount is not owed by you.

  8. #8
    Join Date
    Jan 2011
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    15

    Default Re: Defense Against Very Old Debt and Tolling of the Statute of Limitations

    I'm wondering about "laches". I thought that an equitable defense can only be used against an equitable claim, but an attorney on another board similar to this seemed to be sure of himself that you can also use laches as a defense here (the idea being that the plaintiff sat on his rights to your detriment). I don't really believe him, but maybe.

  9. #9
    Join Date
    Jul 2010
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    Default Re: Defense Against Very Old Debt and Tolling of the Statute of Limitations

    The initial response you got, since you did not say in your original post that you didn't owe the money, is the cynical response that is generated from having 99.9% of people asking this question simply looking for a way to ignore their owed debts.

    You cannot assert SOL in this case. Your lack of records which you assert prove you are not liable for the debt, given that you threw them out when the creditor did not take action after many years, may allow you to invoke laches but I would highly recommend using a lawyer to do it. Laches is an affirmative defense which puts the burden on YOU to prove it. If you are not able to successfully assert and prove your defense, the CA's evidence will probably be enough for them to get a judgment.

    ETA: After reading the cases posted by Aaron, it would appear that you won't have much chance with a laches defense. You can try your luck with a lawyer but wouldn't hold my breath if I were you.

  10. #10
    Join Date
    Mar 2005
    Location
    Michigan
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    28,906

    Default Re: Defense Against Very Old Debt and Tolling of the Statute of Limitations

    You admitted that you owed money on the credit card and chose not to pay your bill. How do you believe that is anything but an admission that you owe some portion of the debt, with any dispute being over its amount?

    You have yet to indicate that your complaint lies in anything other than the fact that you discarded your records and thus no longer know (or if you prefer, no longer have the documents you claim are necessary to contest) how much you owe. As you've been told, if you sue you can use the court's discovery rules to obtain records of the debt from the plaintiff.

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