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  1. #1
    Join Date
    Jan 2007
    Posts
    3

    Default Wolpoff and Abramson

    I need advice.

    I have a Debt with AT&T from back in 2002. The Law office of Wolpoff and Abramson, recently contacted me via phone on Thursday 1/25/07. I have not received any letters from them or AT&T for the debt. I called and updated my account, withthe correct address. WA was telling me that I need to send them $191 as a Good Faith by 1-31-07. I advise the rep "Mrs.Jackson" that I don't have the money to send. She request that I borrow the money from Family or Friends which I advise they will not loan me the money. She then advise me that they will take me to Court. I told her that I can began paying on the account in Mid-February because right now I am behind on bills. I offered to send them a money order for $20.00 to show that I am trying but she refused it. Please advise what can me done!!!!!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Wolpoff and Abramson

    This debt is from what state?

  3. #3
    Join Date
    Jan 2007
    Posts
    3

    Default Re: Wolpoff and Abramson

    I live in Florida

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Wolpoff and Abramson

    Make sure that the statute of limitatations has not run before you reaffirm or begin payments. Assuming a five year statute of limitations based on a debt unpaid from 2002, the debt may be about to expire. The limitations period may be shorter, so you may wish to check with a Florida lawyer.

  5. #5
    Join Date
    Jan 2007
    Posts
    3

    Default Re: Wolpoff and Abramson

    Thanks, The time frame is for 5 year for a written contract, with AT&T that would be considered a written contract,correct?? If this has past what are my option?? Also, I don't see ATT&T on my Credit Report??

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Wolpoff and Abramson

    I'm not taking any position on what limitations period may apply to a particular debt in a particular state - that's something best determined by a lawyer in your state. If the statute of limitations has run, you can assert it as an affirmative defense in the event that you are sued over the debt and, if you prove that it has run, the suit should be dismissed.

  7. #7

    Default Re: Wolpoff and Abramson

    The burden of proof is actually on the debt collection agency and/or law firm to prove that the SOL has not run out, no?

    Isn't that a fundamental theory in law - that they accuser has the burden of proof regardless of civil or criminal?????

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Wolpoff and Abramson

    No. The statute of limitations is an affirmative defense, and the person asserting it as a defense has the burden of proof. If the defense is not raised, it is deemed waived and a judgment will enter.

  9. #9

    Default Re: Wolpoff and Abramson

    What about the situation in a motion? I then become the plaintiff claiming that SOL has expired and the collector has the burden of proof, right?

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

    Default Re: Wolpoff and Abramson

    No. The party asserting the affirmative defense has the burden of proving that defense.

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