My wife was served last week fora case filed Jan 12. The SOL exp. in March 12. Does the SOL defense apply? JDB suit. Riverwalk

The person serving the papers said that to "call the woman ( an attorney I later learned) to talk about this debt from Chase" there was no mention of my wife being sued. He never aksed who I was and I never said. he said my wife's name and i said "yes?"

Brentwood, CA -

Attorney Answers (3)

Michael J Corbin

Michael J Corbin

Bankruptcy Attorney - Faribault, MN
Answered

No, the SOL defense wouldn't apply since the case was filed before the SOL expired.

We can be reached at 507.334.0155 (Toll Free: 888.777.5009). Our web address is: www. corbin-law-office.com.... more
Bruce Allan Wilson

Bruce Allan Wilson

Debt Collection Attorney - San Diego, CA
Answered

If case was filed prior to experiation of the SOL then it is not a defense, but you would generally plead it in the answer anyway.

BW

Kevin Samuel Sullivan

Kevin Samuel Sullivan

Debt Collection Attorney - San Francisco, CA
Answered

I handle these cases all the time. You need to have a lawyer review your papers. Feel free to call me for a free consultation at 415-441-1052.

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