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babyboy | Can a creditor sue you a month before the statue of limitation runs out? |
I'm being sue from a creditor 1 month before the statue runs out is this possible. |
 |
 
Studly
|
Keep in mind that collection agents are notorious for not having a clue of the exact SOL date. You many need to research your state's laws a bit.
If a lawsuit has already been filed, you may want to request a "discovery" and get all of the paperwork involved on your debt. You mainly want to see the last bill, the payment demand letter, and any docs to show when you last made a payment or charge to the account.
Many times collection agents use the date that the account was charged off, or when they actually got the account. This will "pad" your SOL a few months, so it's possible you are actually over the date already and can use that as your defense. |
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pandora
|
Unfortunately, they can sue you a day before the statute runs out. If they have not been trying to collect (which I guess is not the case), you can send a letter to dispute the debt. You can try to settle for a lesser amount before it actually goes to court, running up court fees for you to pay. You can file bankruptcy to keep from being sued, then the bankruptcy court will make repayment arrangements at 0%. Or you can just get a lawyer and see what he can do for you.
Best of luck to you. |
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chuckie411
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Of course! The statute of limitations defines when time to sue runs out. They are suing you well before the deadline. |
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echo
|
I agree with Studly, learn your states collecting SOL. Being that close to SOL, it could be possible that you are past it already.
Click on my profile and click on the link I have added to check the SOL for your state (credit cards are open accounts)
Be sure to answer with an affirmative defense of SOL. |
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Scott H
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It sure is. They still have a month. |
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smile4cobra
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Yes. Month is good time...there are people being sued days before.
Have you been served already? We need more information to be able to rule out a bluff.
Like the balance of the the account. What type of account it is. |
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villedonna
 |
Yes. However, if the debt is that close to the SOL, it's unlikely the creditor can verify the debt. If a lawsuit is filed by an attorney without first verifying it is an actionable debt, you have a claim undre the FDCPA against the attorney attempting to collect the debt.
I strongly recommend you consult with a consumer attorney on your potential claims. Most consumer attorneys will take cases on a contingency fee basis, which means you do not pay unless they recover a settlement or verdict for you. Hold them accountable!! You have nothing to lose and could help deter them from abusive collection practices against others. |
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Navigator
 |
It could be considered dirty pool, but yes they can.
EDIT: Looks like I'm being misunderstood, judging by the thumbs. Let me explain ...
From the point of view of the person who owes the debt, it would seem unfair for a creditor to drop a lawsuit on them right before the statute of limitations runs out. However, legally it is entirely acceptable for the creditor to do that. |
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Jaded
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Uhhh, yeah, pay your bills and you won't have creditors suing you. |
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