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Can i dispute debt alleged in the complaint if statute of limitation has already expired?

San Diego, CA |

I'm being sued by asset acceptance llc on a credit card debt.I'm in the process of answering thedependant's settlement conference statement form. In the statement of facts section i'm planning to check "yes" and put statute of limitiation on "other" box noting that it already expired,the rest i leave blank. Am i doing it right?

Attorney Answers 4


  1. You wrote, "Can i dispute debt alleged in the complaint if statute of limitation has already expired?"

    A: Yes.


  2. You may be filling out the settlement conference statement form correctly, but it is FAR MORE IMPORTANT that you raise the SOL argument as an affirmative defense in YOUR ANSWER to the complaint.

    If you failed to do so, you should consider AMENDING THE ANSWER to add it (along with other appropriate affirmative defenses).

    To prove the SOL defense, you probably will need to demand discovery to obtain the documents that prove the date of the last charge and payment on the account, which is necessary to prove the SOL defense.

    If you don't know what I am talking about, I urge you to consult a competent collection defense attorney in your area.

    Good luck.

    If you need further clarity, please email me at MICHAEL@MIRELAND.US Answers to questions are for general information purposes only and do not establish an attorney-client relationship. This is not legal advice, simply information. You SHOULD NOT act on this information without consulting a competent bankruptcy attorney in your area and providing ALL relevant information.


  3. You need to read Mr. Ireland's answer carefully. You need to have alleged the statute of limitations as a defense in your answer and you need to be able to prove it bars the action at trial. Unless you have the necessary proof, you defense will fail. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  4. Counsel's are correct, you need to plead the SOL as a affirmative defense in your answer. Asset Acceptance, like other 3rd party debt collectors is hoping that you fail to respond to the complaint, whereby they will request the court enter a default judgement.

    You should contact a consumer debt attorney in your area, as representing yourself pro per can be wrought with pitfalls. Feel free to contact our offices for a free consultation on your rights. Best of luck.

    Hyde & Swigart is a law firm concentrating its efforts in the area of consumer law, the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”), and California's Rosenthal Fair Debt Collection Practices Act, California Civil Code §§ 1788-1788.32 ("Rosenthal Act"). Our lawyers are specially trained in the Federal FDCPA, Consumer Defense, and other consumer related matters. Our goal is to protect you against unfair, deceptive and abusive debt collection practices. Creditors, professional debt collectors, and attorneys who violate the law are subject to paying damages, statutory penalties, and the consumer's attorneys fees and costs. If you feel you have been abused, deceived or treated unfairly, you may need a lawyer. We can be reached at 858 900 7342 , or through one of the evaluation forms on this site.

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