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  1. #21
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    Default Re: When Are Debts and Judgments Time Barred

    Riply, tolling does not refer to restarting the statute of limitations. It refers to factors that can extend the statute of limitations. During a period the statute of limitations is tolled, it's not running. Also, you cannot simply make a counterclaim suggesting that a lawsuit is frivolous - that's not how its done. If you don't understand a legal issue, keep your fingers off your keyboard - we try to be accurate here and you're a fount of misinformation.

    SilverSea88, the FDCPA is a separate potential cause of action, not a defense to the debt. Also, again, the charge-off date is an accounting entry and has absolutely nothing to do with when the cause of action accrues.

    If this is a 14-year-old debt, my guess is that they're rattling the tree to see if they can shake loose any money, or seeing if they can trick you into reaffirming, and I would not expect them to sue absent some form of novation.

  2. #22
    Join Date
    Mar 2012
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    13

    Default Re: When Are Debts and Judgments Time Barred

    Quote Quoting Mr. Knowitall
    View Post
    Riply, tolling does not refer to restarting the statute of limitations. It refers to factors that can extend the statute of limitations. During a period the statute of limitations is tolled, it's not running. Also, you cannot simply make a counterclaim suggesting that a lawsuit is frivolous - that's not how its done. If you don't understand a legal issue, keep your fingers off your keyboard - we try to be accurate here and you're a fount of misinformation.

    SilverSea88, the FDCPA is a separate potential cause of action, not a defense to the debt. Also, again, the charge-off date is an accounting entry and has absolutely nothing to do with when the cause of action accrues.

    If this is a 14-year-old debt, my guess is that they're rattling the tree to see if they can shake loose any money, or seeing if they can trick you into reaffirming, and I would not expect them to sue absent some form of novation.
    Knowitall,

    Okay, I am still required to answer this complaint arent I? I called the county court and the complaint is entered into thier system, although they have no date of Service. When "I' was allegedly served, I was not present because I have never lived at the address that the server went to, nor did anyone sign anything at all, let alone dated, to prove the date of service. The court also has no date of service. The documnents seem to be a set up actually...as the date on the written complaint by the attorney is Jan 25, 2012 and the date of the county court clerk stamp is Feb 6, 2012 and it was "served" at 10:30am on March 6, 2012. Well beyond any aforementioned date. The town court says that those dates dont matter, they dont have it listed as of March 7, 2012 as being served at all in thier database. So I think they are trying to get me from well beyond the 20 day response time in order to have an automatic default judgment entered. They already cant take me to court after the SOL, so this seems like a trick to fool the court into entering a judgement. I have not answered the summons yet. If I answer the summons, I am simply going to ask for proof of validity. I will also explain that this alleged debt is a Time-Barred Debt and is beyond the SOL. Is it true that the D.A. wont allow it into court once they see that the SOL has run out? because they can no longer sue after the SOL has run out? Citibank wont put in writing my charge off date and Its not on my credit reports anymore its so old. But that just proves that its at least older than 7 years anyway. Do I answer this summons? what do I do? still unclear about how to handle this, and it has to be handled the right way, the first time. What would I have to do to "reaffirm the debt?" I dont want that obviously.

  3. #23
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    Default Re: When Are Debts and Judgments Time Barred

    If you do not answer a complaint in a timely manner, you will be defaulted. If you do not properly raise your affirmative defenses, the will be deemed waived. If you are going to file a FDCPA counterclaim, you can also do that at the time you answer.

    It's not the most beautiful example I've seen, but this is a sample answer, affirmative defenses and counterclaim filed in the NY Supreme Court. You may be able to produce other examples, perhaps more relevant in terms of subject matter, with some creative searching - I was just looking for something that covered those bases for a NY trial court.

  4. #24
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    Default Re: When Are Debts and Judgments Time Barred

    I didn't mention it earlier, and may have missed an earlier mention, but as you've been browsing the FDCPA you've probably seen that the threat of litigation is only permitted if the collection agency actually intends to litigate. If you threaten without that intention, which is normally the case when the statute of limitations has run, the threat forms the basis for a FDCPA lawsuit.

  5. #25
    Join Date
    Mar 2012
    Location
    Georgia
    Posts
    149

    Default Re: When Are Debts and Judgments Time Barred

    Quote Quoting Mr. Knowitall
    View Post
    I didn't mention it earlier, and may have missed an earlier mention, but as you've been browsing the FDCPA you've probably seen that the threat of litigation is only permitted if the collection agency actually intends to litigate. If you threaten without that intention, which is normally the case when the statute of limitations has run, the threat forms the basis for a FDCPA lawsuit.
    That, I agree with.

  6. #26
    Join Date
    Sep 2010
    Location
    Florida
    Posts
    153

    Default Re: When Are Debts and Judgments Time Barred

    Also this is incorrect Ripley..."If the account was SOLD to Pressler & Pressler by the original creditor, the SOL may start over again, from the time P&P purchased the account."

    Collectors, JDB's are not allowed to change the DOFD when they purchase debts from the OC. The DOFD starts the reporting and the legal SOL. They MAY change the DOLA and most always do but that has no effect on the reporting SOL or the legal SOL.

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