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babyduckers · Jul 16, 2012, 02:12 PM

Hi!
I am trying to answer Interrogatories/Request for Admissions and the SOL is expired. Basically, I got a credit card, used it and never made any payments. Can I admit that I entered into a contract under the terms of which a credit card was issued to me by the Plaintiff and that I was extended credit by the Plaintiff? Can I admit that I purchased goods/services on credit granted by tIhe Plaintiff?

Basically can I say yes I got a credit card and used it and never made any payments but the sol has passed so too bad! (Obviously not in those words)

Thanks!

JudyKayTee · Jul 16, 2012, 02:21 PM

Originally Posted by babyduckers

Hi!
I am trying to answer Interrogatories/Request for Admissions and the SOL is expired. Basically, I got a credit card, used it and never made any payments. Can I admit that I entered into a contract under the terms of which a credit card was issued to me by the Plaintiff and that I was extended credit by the Plaintiff? Can I admit that I purchased goods/services on credit granted by tIhe Plaintiff?

Basically can I say yes I got a credit card and used it and never made any payments but the sol has passed so too bad! (Obviously not in those words)

Thanks!

The creditor is going through a lot of trouble if the SOL is expired - are you positive it's expired in your State?

I wouldn't muddy the waters. I'd argue the Statute has expired, no more, no less.

AK lawyer · Jul 16, 2012, 02:54 PM

Originally Posted by babyduckers

... Can I admit that I entered into a contract under the terms of which a credit card was issued to me by the Plaintiff and that I was extended credit by the Plaintiff? Can I admit that I purchased goods/services on credit granted by tIhe Plaintiff?
...

Not only can you admit those facts, but if they are true you should admit them. If you don't, by some rules, you can be charged with the extra expense needed to prove them.

Originally Posted by babyduckers

...Basically can I say ... but the sol has passed so too bad! (Obviously not in those words)
...

In discovery, just answer the questions asked. No more. Remember, in general, don't expect your responses to convince them to fold their tent and go away. Discovery responses are something you are required to make, no more.

The SOL is your affirmative defense, and if they don't ask about it wait for trial or your motion for summary judgment to bring that up.

ScottGem · Jul 16, 2012, 02:56 PM

SOL is often misunderstood. Why do you think the SOL has expired? When did you LAST use the card and when was the lawsuit filed and what state are you in?

babyduckers · Jul 16, 2012, 03:04 PM

All of your answers were great - It reinforced what I was thinking - Thank you!

babyduckers · Jul 16, 2012, 03:08 PM

Originally Posted by ScottGem

SOL is often misunderstood. Why do you think the SOL has expired? When did you LAST use the card and when was the lawsuit filed and what state are you in?

Ok I am in Nebraska and according to my Equifax credit report, the date of first delinquency is 01/2008. I never made any payments to this acct. NE law is 4 years. They filed the suit 2/2012.

If I am correct, wasn't the sol expired 1/2012?

ScottGem · Jul 16, 2012, 03:15 PM

This is too close to rely on an expired SOL defense. Date of first delinquency may not be the date from which the SOL started. I would suggest checking with someone very familiar with NE law on that.

You can always claim it, and see what the judge rules. Frankly, if there is any leeway in the law, I think he will rule against you. Its one thing to default on a debt, its another to incur a debt and never pay.

JudyKayTee · Jul 16, 2012, 04:05 PM

Originally Posted by ScottGem

This is too close to rely on an expired SOL defense. Date of first delinquency may not be the date from which the SOL started. I would suggest checking with someone very familiar with NE law on that.

You can always claim it, and see what the judge rules. Frankly, if there is any leeway in the law, I think he will rule against you. Its one thing to default on a debt, its another to incur a debt and never pay.

Am I reading never a single payment?

babyduckers · Jul 16, 2012, 04:59 PM

Originally Posted by JudyKayTee

Am I reading never a single payment?

Yep - Got the card $300 limit and of course got laid off after 14 years of employment - Then I used it to buy groceries!

babyduckers · Jul 16, 2012, 05:07 PM

Oh - Forgot to ask if I should include somewhere that I am "judgement-proof" (I think) I am unemployed, have no source of income, do not own a home, do not have any bank accounts, and I own a vehicle but it is inoperable and not registered.

ScottGem · Jul 16, 2012, 05:15 PM

No, being judgment proof is not a defense. A judgment can last 10-20 years. At some point you may have assets to attach.

But, essentially you committed theft. You used the card apparently knowing you could not pay it back and apparently with no intention of paying it back. A judge is going to see that just as we do.

JudyKayTee · Jul 16, 2012, 05:29 PM

Originally Posted by ScottGem

No, being judgment proof is not a defense. A judgment can last 10-20 years. At some point you may have assets to attach.

But, essentially you committed theft. You used the card apparently knowing you could not pay it back and apparently with no intention of paying it back. A judge is going to see that just as we do.

Without a doubt - and I'm not reading judgment proof. I'm reading that somehow, sometime within the next 10 years (renewable for another 10) maybe, just maybe, OP will find a way to pay back this creditor.

And, yes, I don't know why when this is the situation a theft charge isn't filed.

OP appears proud of herself.

EDIT: Another thread, other "facts." :

"Hi - If I get a judgement against me for credit card debt, I am wondering a couple of things:

#1) If I own several cars that are old / need repairs / not registered or licensed, how can the debt collector find out that they even exist or belong to me?

#2) How does a vehicle fit into Nebraska's exempt property? Does this count as the $2500.00?

Thanks!"

AK lawyer · Jul 16, 2012, 05:33 PM

Originally Posted by babyduckers

Oh - Forgot to ask if I should include somewhere that I am "judgement-proof" (I think) I am unemployed, have no source of income, do not own a home, do not have any bank accounts, and I own a vehicle but it is inoperable and not registered.

I told you - do not volunteer information for which you are not asked.

Let me give you an example which is in a different area, but hopefully has aspects similar enough that you will understand:

A police officer sees you standing on a street-corner and he asks you "What are you doing here?". You answer "Nothing at the moment, officer, but I did murder someone five minutes ago and left the body over there."

Not a very bright response.