Last time I paid on this credit card debt was in March of 2003. In State of New Jersey, Statue of Limitations is 6 years for such debt. It is clearly past the SOL. The request for admissions is asking to admit that the debt is indeed valid. Will this reset Statute of Limitations for this debt once I admit that the debt is mine indeed ?? If I am to move to a different State, could I be sued again for the same debt ??
following is the answer to complaint: 1 - The alleged debt is over 6 years old and the Statute of Limitations on this alleged debt has expired. This alleged debt is time-barred under New Jersey Statute 2A:14-1. 2A: 14-1. 6 years Every act..... shall be commenced within 6 years next ..... accrued 2 - Last day of activity for this alleged debt is April of 2003. Please see attached Exhibit “E” ( Experian Credit Report which shows activities on the alleged debt account). The Exhibit “E” shows clearly that the alleged debt has passed the six year Statute of Limitations in the State of New Jersey. 3 - Therefore the Statute of Limitations on this alleged debt has expired. This alleged debt is time-barred under New Jersey Statute 2A:14-1. Claim for Relief: Defendant requests that this Court dismiss this case with prejudice, on the basis that the alleged debt is time-barred under New Jersey Statute 2A:14-1. ing is the answer to complaint: Should I have done any differently ????
Debt collectors are notorious for not following the rules. I would recommend you file a motion to strike the complaint for being filed after the statute of limitations ran if the complaint was filed after March 2009. I suspect you got this request for admissions because you did not have the affirmative defense of missing the statute of limitations. You might benefit from reading my legal guide on How NYS Protects Consumers from Debt Settlement and Collection Companies. The program is not available in NJ, but the legal information provided is valid. Lawsuits can be filed in any state.
On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you:
Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems;
Introduction to Legal terms used in litigation; Limitations on a Lawyer’s License: What a Lawyer Can and Cannot Do……………………………..…………………………..
Commercial litigation: How to Handle a Dispute
How New York State Protects Consumers from Debt Settlement and Debt Collection Agencies, Part I and Part II.
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.
You need to get with a local consumer litigation attorney. You can find a listing here - http://naca.networkats.com/members_online/members/directorya.asp?token=
Keep in mind that in most states if the debt collector sues you after the statute of limitations expires, this violates the Fair Debt Collection Practices Act (FDCPA).
Trying to litigate a case yourself is a risky proposition as you may miss a minor detail that could result in a judgment against you. Particularly if this is a debt collector (debt buyer) suing you, a good consumer litigation attorney can talk with you about turning the tables on this debt collector for breaking the law.
Family Law Attorney
You might want to speak with an attorney to discuss this case. I suggest you affirmatively file a Motion to dismiss the Complaint since it was filed after the the statute of limitations ran. I would also send answers back to the Request for Admissions declining to either admit nor deny since the claim is barred by the statute of limitations. If you do nothing, after thirty days the Requests are deemed admitted, and the Plaintiff may try to use that against you.
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NOTE: This answer is made is for advisory and/or educational purposes only. By using or participating in this site, or posting a question and obtaining an answer, you understand that no attorney-client relationship is being established between you and the answering attorney, and there is no attorney-client privilege between you and the attorney. You should consult with a licensed professional attorney in your state. The law changes frequently and varies from state to state. The information provided in this answer is designed to be general in nature and is based on the facts stated in your question, and might change based on further information.
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