The short answer is no if you wish to prevail on a theory that either too much time has passed or the creditor had a duty to validate the debt before they filed a suit against you. The suit appears to have been brought timely as the statute of limitations is 4years for an account stated. If it is a credit card, the statue is 6 years. With regard to your notice 2 years ago, the Federal fair debt collection practices act's requirement to validate a written dispute only applies to collection agencies or debt buyers and not the original creditors. If it was actually sent to law firm directly, you may have an FDCPA claim against them as they likely would fall under the definition of a debt collector. Regardless, whether you have an FDCPA counterclaim, it does not address the merits of whether you actually owe the disputed account. The good news is that if you have a bonafide dispute, you can raise it as a defense to the case.
I would be happy to review your docs and give you a free consultation if you would like to call me.
Good luck, Jim Feagle
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You posted the same question multiple times.
Here is the answer you received the last time you posted it:
The fact that your post as posted makes almost no sense at all tells me you'll do very poorly in court, especially because you do not understand that "charged off" is a negative accounting term that says in effect "he did not pay, we don't know if he will, and he's a deadbeat, so lower is credit score." Assuming they are still within the statute of limitations they can sue. The creditor's response or lack of it may give you grounds for a counterclaim, and you'lllikely miss that or fail to present it properly if it exists unless you get a lawyer.
Sending a letter is NOT the proper response to a suit. In fact, if that is all you do, you will automatically lose. Get a lawyer ASAP.
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Charge off means they are ready to sue you, it doesn't mean you don't owe the money. Yes, they can prevail. You need a lawyer to talk to you about a full debt relief analysis and game plan.
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