Asset acceptance sued me,I didnt answer the complaint .Just wondering why didnt file default judgement .They forgot?
Asked in San Leandro, CA - 4 months
I wasnt properly served, this is a b of a ccard, so the SOL is past,I looked at the website. It says no judgement, no ruling, no attorney. I'm suprized but I want to counter sue.and make them pay. I stopped paying on that credit card in sept 2009. They sued me on Sept 20012. They couldnt find me and said I was served in Nov.2012 .
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Culver City Chapter 7 Bankruptcy Attorney
Los Angeles Personal Injury Lawyer
San Diego Lawsuit / Dispute Attorney
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The statute of limitations is based upon when the lawsuit is filed. If your breach took place in September of 2009 and the complaint was filed on or before November 2012, you probably no longer have a viable statute of limitations defense.
It sounds like the plaintiff obtained a default but hasn't yet requested a default judgment yet. You will not be able to file a cross-complaint unless and until you get the default set aside. This requires either a stipulation from plaintiff or you making a motion to set aside default.
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San Marino Debt Collection Attorney
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From what you say, the SOL has not run on their case against you because they filed the lawsuit within the SOL. The real SOL problem is your potential, unfiled lawsuit against them. There is a one year SOL on claims under the Fair Debt Collection Practices Act. See a lawyer is you are serious about suing them.
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