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  1. #1
    Join Date
    Aug 2013
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    2

    Question When Can a Debtor Use the Statute of Limitations

    My question involves collection proceedings in the State of: Pennsylvania.
    My collections case is from a 3rd party collection agency...
    It was filed in 2008...
    I responded as to not get a default judgement against me.
    in 2011 i received a Notice To Terminate PA RCP 230.2.
    The collection agency filed an intention to proceed.
    No activity on the case till this month when another notice to terminate Notice To Terminate PA RCP 230.2. was sent.

    Does the statute of limitation come into play with this collection account since the attorney for the plaintiff has just sat on this account?
    Can I submit a motion to dismiss based on the statue of limitations or since its in the system do I just keep waiting it out?

    Thanks for your help

  2. #2
    Join Date
    Sep 2005
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    Default Re: When Can a Debtor Use the Statute of Limitations

    If the case has not been dismissed then it remains pending - and the statute of limitations is not an impediment to the plaintiff's proceeding with the lawsuit.

    It seems more than odd that the case has lingered since 2008 with the only subsequent action being the two notices you describe.

  3. #3
    Join Date
    Aug 2013
    Posts
    2

    Default Re: When Can a Debtor Use the Statute of Limitations

    thanks for the heads up on the sol. The firm probably was shooting for the default judgement. I replied to the initial complaint. Its probably a mill operation that knows most wont respond to the complaint.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: When Can a Debtor Use the Statute of Limitations

    Quote Quoting Dread
    View Post
    thanks for the heads up on the sol. The firm probably was shooting for the default judgement. I replied to the initial complaint. Its probably a mill operation that knows most wont respond to the complaint.
    I suggest you file a motion to dismiss with prejudice on the grounds that they have not proceeded with the case in 5 years.

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