out of curiousity....

[ibcurious]

What is the name of your state? AL
Collection agency filed suit against me and I, in turn, filed a counter claim against them. I disputed this debt and was quite surprised when I recieved this summons without proper verification. The SOL is expired on the debt anyway (I included this as well as my counter claim in my answer to their claim). Well anyway...I was just curious as to weither or not these type things get settled out of court or not.

 

[Ladynred]

Yes, they do, and often. Depends on how hard they want to fight your counter claim. If the SOL is your defense, and its your best one, then there's no reason to settle with them at all - you can prevail as long as your documentation is solid.

 

[ibcurious]

Thanks Ladynred.
Yes, I have good documentation. The case is acually simple and I can no way be liable b/c of SOL. I've just never done anything like this before. They just pi$$ed me off when they filed suit w/o validating correctly. I guess if they want to settle they will contact me, but I am ready for court if they don't.

 

[Ladynred]

If its past SOL, no way I'd give them a dime..settlement or not. All they'll do is trash your credit.

 

[ibcurious]

No no no.....You're right...I will NOT give them anything. I was writing of my counter suit. I am counter suing them based on an FDCPA violation (sec 809 (b) they didn't validate this debt and continued collection activity...the suit).

 

[bigun]

Filing a time barred lawsuit is also a violation of the FDCPA. Kimber vs Federated Financial in Federal Court fro the Middle District of Al. in 1987 is the case you need to find. It's old and I can't find it on line. Prehaps subscribe to Pacer? Also, here's a recent case in Wi. on filing an SOL lawsuit. Wi. law specifically bans the pratice but, FDCPA violations are mentioned.

http://www.kohnlaw.com/site_uploads/newsletter/newsletter10_2.pdf

Have you looked for a lawyer? You may have something worth more than a small claims lawsuit.
Who is the collection agency?

Try thgis site for info on SOL lawsuits:

http://community-2.webtv.net/Y-chat/WhyChatsCredit/

 

[ibcurious]

Wow thanks bigun! I have heard of SOL lawsuits, but thought that SOL was just a defense that one had to prove. I didn't think someone could sue because of a suit filed on a debt past SOL. Guess I've got some more research ahead of me. I really don't want to mess with a lawyer because it is a very small suit. The strange thing is that they don't show up on any of my credit reports. I've already filed this one anyway. Oh, the CA...the infamous Sherman Aquisition. Confused people they are.

 

[bigun]

The FDCPA allows a lawyer to recover legal fees for representing you if you win. I can show you plenty of cases where the plantiff got a $1000 and the lawyer was awarded legal fees in the $10's of thousands.
Go to www.edcombs.com and click on the "special" tab. This law firm is seeking info about a number of CA's and Sherman is one of the malefactors on the list.