HOW TO ANSWER A TIME-BARRED LAWSUIT
- THIS IS NOT LEGAL ADVICE-
- IT IS INTENDED ONLY FOR THOSE SITUATIONS WHERE A LAWSUIT HAS BEEN FILED THAT IS BEYOND SOL.
FOR OPEN (CREDIT CARD) ACCOUNTS.
- IF YOU HAVE NOT YET BEEN SUED,BUT ARE BEING THREATENED WITH LEGAL ACTION ON AN ACCOUNT THAT HAS GONE BEYOND SOL,
USE THE SOL LETTER FROM MY WEBSITE.
- THIS IS NOT A PLAN OR PROGRAM THAT IS INTENDED TO BE A SUBSTITUTE FOR LEGAL ADVICE.
YOUR FIRST CHOICE SHOULD BE TO FIND A LAWYER.
- IF YOU CANNOT FIND A LAWYER, YOU CAN TRY THE ADVICE GIVEN HERE.
IF YOU DON'T UNDERSTAND HOW TO USE THE ADVICE AND GUIDE,THEN YOU ARE OUT OF
- The Statute Of Limitations is a legal right that is used to prevent various
actions from being carried forth beyond a fixed time limit.
- The time limits vary from State to State, and in most cases are fairly easy
- In a few States, some unscrupulous collection agency lawyers have taken
advantage of the lack of clarity in those State's Statutes to deceive and
fraudulently file time-barred lawsuits.
- If they are properly notified,in advance, with the "SOL" letter, they know
they are unable to commit this fraudulent action.
- Once they have filed, however, the debtor is faced with the daunting task
of properly explaining their case to the Court.
- Many Small Claims, or Lower Appellate Courts are jammed up with an overload
- The Courts and Judges have no patience for pro-se (unrepresented) defendants
who do not present their defense in a clear and understandable form.
- In addition, because the basis for the claim of credit card accounts falling
into a catagory of "open" (actually open-ended) is in Federal Law, rather than
the familiar State statutes, it is difficult in some cases to prevail by simply
- "But it's in the Truth In Lending Act that credit cards are open accounts"
- In addition, the CA lawyers will just show your signed application,and lie
- "here is a signed contract"
- The fact is, they know the truth, and if
they know that you will be able to show their lies for what they are, they will
not even proceed to file, if they are given notice, (SOL letter)
- Now that I have explained why you are in this fix, here is how I SUGGEST
you try to fight.
- This is an INSTRUCTION GUIDE
with some recommended forms to use.
You can use them as is, adapt them to your own needs, or ignore them
completely and use your own form or letter.
- This is ONLY for the specific purpose of answering a FILED lawsuit against
you, when you cannot find a lawyer and it is a credit card account that is
- I have linked in the instructions what I SUGGEST you attach.
Most State's Statutes are already on my website.
- I have linked into the SOL DEFENSE FORM the list of State Statutes that
refer to contract conditions, usually known as Statute of Frauds.
- In some States on my website they are linked within each State.
- If you have questions, AFTER reading everything on my website,
and everything here, you can E-MAIL ME AT
- or private message me at:
SOL DEFENSE FORM
TRUTH IN LENDING ACT
FDCPA DEFENSES AND CASE LAW
NCLC LEGAL BACKGROUND CREDIT CARD SOL