I received a letter stating I would be sued for bills from 06,07 and 09. Do they have a valid suit?
Contracts / Agreements Lawyer
The SOL for debt collection is 3 years from the date the debt accrues or was last acknowledged. That means that if the debt was for a bill in 2006, and no payments were ever made, it would be outside the SOL. However, if the debt was for a bill in 2006, and you made a payment in 2012, then it is still inside the SOL because you acknowledged the debt by making a payment. These are just a couple of examples. I recommend a consultation with an attorney if you have been sued or may be sued. I would suggest that if you talk to a debt collector, do not acknowledge the debt in anyway without first talking to an attorney because you may accidentally reset the clock. Additoinall, SOL is an affirmative defense, meaning that the creditor may still try to sue you, but a possible defense to the claims would be based on the SOL. Hope that helps. Good luck.
www.mdappeals.com - This is not legal advice nor does it create an attorney-client relationship. This is for education and informational purposes only. It is always recommended that you contact an attorney with any concerns as each individual case is unique.
Personal Injury Lawyer
SOL is three years from date of service or date of last payment on the bill, whichever last occurred. The defense of the SOL is an "affirmative" defense, meaning it is up to the debtor if sued to timely raise the defense in writing in the first responsive pleading in court, or the defense is waived and lost. You must also not "acknowledge" the debt at any time, verbally or in writing, or you may revive the three year SOL from the date of acknowledgement. If you are receiving written or telephonic communications from a debt collector, you can stop those by mailing a cease and desist letter by certified mail, return receipt requested, to the debt collector. They then must cease all communications with you (short of filing suit in court) or face up to $1,000 in civil damages plus your reasonable attorney's fees to collect those damages for each communication which violates the cease and desist letter. In your cease and desist letter, you should assert that the bills are beyond the statute of limitations and are barred by law. If the debt collector assigns the debt to another debt collector, you must repeat the cease and desist letter with the new collector. Good luck to you.