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Brent Blanchard
Brent Blanchard, Bankruptcy Attorney
Category: Bankruptcy Law
Satisfied Customers: 1908
Experience:  Twelve years experience in all aspects of debtor & creditor BK.
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I received a summons from a debt collector. Now I have received

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I received a summons from a debt collector. Now I have received a Plaintiffs request for admissions propounded upon defendant. I am not sure how to answer both of these. It says that the last payment I made was 2/10/03. Has the Statue of Limitations run out (its 6 years in Maine)? If so what do I say in my response? I don't have money for a lawyer. I have no car or assets. I am also a single mother of an autistic child. Do I include this info in my reponse?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Brent Blanchard replied 5 years ago.
You are being sued RIGHT NOW. Failure to answer the Requests for Admission within the deadline would mean that you are considered to have admitted everything for the purposes of the lawsuit.

Admit, deny, or deny because you don't know. Or object if the RFA asks for something improper.

You really need to know what you are doing with this type of discovery. Generally, answer the question and say nothing more. There is huge risk of compromising your rights if you say too much, especially if you say something based on a mistake of fact or a mistake of your understanding of the law.

The 6-year Statute of Limitations runs from the date of the last breach of the contract, and is calculated to the date when the lawsuit was FILED, not today's date. If your first missed payment was 3/10/03, AND there was no continued obligation of regular monthly payments beyond that date (like a house mortgage with a schedule of payments), the statute of limitations would not expire until March 10th.

The biggest single danger of getting a judgment against you is if you have wage or salary income to get garnished. The amount taken can have devastating financial consequences for most people.

You could also end the pain quickly and just file a Chapter 7 BK of the debt is not too fresh, IS dischargeable, and your income is not too high. Even if you are judgment proof (no income, no bank account, no non-exempt assets) and all the plaintiff could do is wait for you to hit the lottery or inherit a huge pile of money from some rich uncle, the creditor could chase you and try to collect for another six years before needing to renew the judgment or give up. If you don't have the patience to say "no, I have no new non-exempt assets" every few weeks, then BK can provide the best peace of mind and an end to the calls.

There's also no real financial downside to BK later on if you have no plans to ever borrow money again. A bad credit rating would then cause no harm at all.

Thank you.

BAB.

Please do not forget to click the green "Accept" button so I can receive credit for my work.
Customer: replied 5 years ago.
I still do not understand what to put in my answer. According to my credit report this debt comes off next March so I don't want to file Bankruptcy. What in the world do I say in my response? How do I let them know I want the SOL checked? Nobody seems to be able to answer my questions! Should I try to find some kind of free legal aid?
Expert:  Brent Blanchard replied 5 years ago.
Specific document-drafting language to answer RFAs is beyond what is appropriate for this website. To be done correctly, it requires review of the facts and prior documents, review of the RFAs, personal consultation with a client rather than a question customer, and personal representation by an attorney. <br /> <br />

There are ways to contact an attorney without trying to contact one directly through this site. Terms of use prohibit that, and a hashing algorithm will convert your e-mail address to "XXX@XXXX.XX" if you try to give me your e-mail address. <br /> <br />

You should check the SoL yourself. NOBODY on the other side is your friend, especially the other attorney. His or her ONLY duty is to the client, not to you. <br /> <br />

I believe you may already know the answer to the SoL question anyway. <br /> <br />

As a customer of the credit card company, you *do* have a right to demand documents showing your original agreement, your original application, and your charge and payment history. Ask for that immediately, by phone, then following up with e-mail or regular mail. Keep notes, reference who you talked to at what time on what date, and recap the conversation in writing every time. <br /> <br />

Being the mother of an autistic child (I have known more than one of these special souls) might affect your ability to protect assets for his or her benefit. However, what you describe sounds like a judgment-proof situation anyway. Even if you had a car, it would probably be safe from execution if it is not paid for in full and/or is not worth too much money. <br /> <br />

Having the debt come off of your credit report next March does NOT matter with regard to the creditor's right to sue you recover the borrowed money. Only the SoL governs that.

Thank you.
Brent Blanchard, Bankruptcy Attorney
Category: Bankruptcy Law
Satisfied Customers: 1908
Experience: Twelve years experience in all aspects of debtor & creditor BK.
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Twelve years experience in all aspects of debtor & creditor BK.