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Posted almost 5 years ago.

Thank you..., can you clarify "the statute of limitations has been satisified by the creditor"? Does that mean I cannot use SOL as my defense?

William W. Fife III
William W. Fife III, Bankruptcy Attorney
Posted almost 5 years ago.

The SOL applies to the time in which a person has to file the suit. If the SOL doesn't expire until 12/2013 and the suit has already been filed, then the creditor has met the deadline to file the suit. You can raise the SOL as a defense, but you would have to show that the suit was filed outside the SOL.