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How do I respond to a lawsuit on the basis that Statute of Limitations has run out on the debt?

Dallas, TX |

This is a real estate debt that a 3rd party collector is suing me over. The foreclosure happened in April 2007 and the debt collector bought the debt in September 2007. I interacted with them briefly in 2008, but have had no contact since then. Now, in 2013, they are suing for the defaulted amount. How much of a defense do I have against this?

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Attorney answers 5

Posted

Probably a pretty good one. You need to hire a lawyer to help you with this.

Posted

The statute of limitations is an affirmative defense, and usually needs to be plead in your first responsive pleading. That would then normally be accompanied or followed with a motion to dismiss for failing to state a claim upon which relief can be granted. Failure to follow the court rules could result in a loss of the defense. You really need an attorney to assist you in the defense of this claim so it gets done right.

Posted

I agree with my colleagues on this question. You stand a very good chance of fending off a judgment given the facts above. However, to do so requires that you timely file a response to the lawsuit, and that your defense contains a reference to the expiration of the Statute of Limitations. They will take advantage of you if they can. Please get in touch with local counsel to advise you and assist you with your defense. Good Luck!

Posted

In addition to having a general denial in your answer, you would include a section called "affirmative defenses" and list limitations as an affirmative defense.

I hope this information answers your question. If you need more information, simply add a comment or call me. Good luck!

Posted

You may have a valid limitations defense. You may have other defenses available, too, depending on facts not stated in your post. However, no defense is worth anything if you don't know how properly to both plead and prove it. Therefore, I agree with all of my colleagues that you need to hire a lawyer to defend you. I'm sure your adversary has a lawyer. This puts you at an enormous disadvantage unless you have one, too. Representing yourself would be like trying to drive a car with a blindfold on.

Good luck.