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Friday, November 28, 2008
Statute of limitations.

My mother co signed on a car loan that got repoed in 1999. The collectors are still trying to collect this debt. She has received 3 different calls from a law agency stating the were going to file something here in hillsborough county courts against her and I for the loan that in 2 months will be 10 years old. Is there a time limit they stop, or legally is there anything that can happen to my mother regarding this loan. She has a home, I rent. Neither one of us are financially set enough to take care of this debt, which some how went from 7,000 - now 12+,000

If I were you I would beg them to sue me. I'd even write them a letter certified mail return receipt requested begging them to sue me. Did they just call on the phone or did they send a letter saying that they were going to sue you? Or did they send any letters at all? If they didn't I'd wait till they called again and then I'd tell them to send me a letter.

I'd hope that letter told me they were going to sue me. I'd hope their letter had some other violations too. But I'll bet they won't send you a letter telling you they are going to sue you. Not likely they would be that stupid.

I'd just sit tight and try and get that letter first. Answer any calls and have your mother do the same. Record them and fix her up so she can record any calls too.

I'd get the 18 questions to ask debt collectors every time they call which you can find at and print them out. Give your mother a copy too. That will soon put a stop to their phone calls but in the process of their calls I'd be sure to beg them to sue you every time.

Here is why. That debt is way outside the limits of the statute of limitations. Filing a lawsuit would put them in violation of FDCPA because they misrepresented the legal status of the debt. Then

I would keep a close track of my public record at the courthouse and if they keep the court dockets on the internet that would be easy to do. You can call up the clerk of the court and ask if you can check the court dockets on line. If not I'd go down to the courthouse about once a week to see if they filed a lawsuit on me or your mom. If they did I'd immediately prepare a motion to dismiss, order of the court, notice of hearing and certificate of mailing.

I'd go file the motion then take the notice of hearing to the judges office and get a hearing date set. I'd also prepare a validation demand letter and a demand for admissions and send all of it to the lawyer's office by certified mail return receipt requested. I wouldn't wait for the sheriff to come knocking on my door. I'd do that long before he ever got me served.

Then I'd go home and prepare my federal case against the lawyer and the debt collector and then go file that in federal court. Somebody does that to me and they will soon be wanting to know how much it is going to cost them to get me to go away and leave them alone. If my mother were still alive I'd wait until my case was over and done with then I'd have my mother go file the same case in her own name and she would get paid too.

That's what I would do. So what are you going to do? Why not get on my conference call this evening and find out how easy it is to do that. You can talk to some of my students who have filed cases on lawyers and debt collectors and won. Some of them several times.

Not one of my students has ever lost a federal case yet and you won't lose the local case either if you let me teach you how to win.

The call starts at 7:00 P.M. Central time. The phone number is 1-712-432-1601 and the pin number is 598548 followed by the # sign.
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