Legal Question in Credit and Debt Law in California

Suit on SOL expired debt

Hello, I have just been sued by Bidna & Keys for a debt where the SOL has expired. I sent a letter asking for debt validation, including the fact that they need to prove the SOL has not expired. I sent another letter stating that they should not file a frivolous lawsuit because the SOL has expired. Now that they have sued, what are my options? If I have to go to court, can I get attorney's fees and damages for the fact that they knowingly filed a frivolous lawsuit (which may be considered harassment)? How do I concretely prove the SOL has expired? The original creditor does not have any record of my account or my debt. I f I can get attorney's fees, where can I find a good attorney. Thank you.


Asked on 11/08/07, 11:36 pm

4 Answers from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Suit on SOL expired debt

First of all, you should file a responsive pleading. Without that, they will just lead you along until they get a default judgment. Once you have done that, you may be able to get them to drop the suit. However, if they are smart, they will not agree to drop the suit unless you agree to waive attorney fees. You could file a cross complaint for violation of the Fair Debt Collection Practices Act. Should you obtain a judgment on your cross complaint, you would be entitled to an award of attorney fees.

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Answered on 11/09/07, 5:38 pm
Larry Rothman Larry Rothman & Associates

Re: Suit on SOL expired debt

The lawyers and collection agency may have violated the Fair Debt Collection Act if they sued you on a debt for which the Statute of Limitations has passed. We will have to review your paperwork. Please contact us if you need assistance.

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Answered on 11/14/07, 10:16 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Suit on SOL expired debt

After a final resolution of the matter, you may sue for maliciaous prosecution of a civl suit. You must demurrer the complaint. Contact me directly.

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Answered on 11/08/07, 11:46 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Suit on SOL expired debt

Depending on where you're located, I might be able to help you. After a little aggravation, it takes some persistence to get the plaintiff to dismiss the complaint. Feel free to contact me directly. I've had good success in doing so with similar facts to yours.

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Answered on 11/09/07, 1:03 am


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