How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 37477
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
Type Your Bankruptcy Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

Got a request for admissions from Palisades. Initially thought

Resolved Question:

Got a request for admissions from Palisades. Initially thought they were trying to collect a $300 debt to AT&T paid 5 yrs ago. Saw summons was returned unserved. Responded I did not admit to any of the statements and provided them with the proof of payment for AT&T. Palisades did try to collect for AT&T, it was on my cc report for years (I had neglected to have it removed) this was the only Palisades on my report (removed now), but a letter after my response said they wanted to collect close to $10k, so I then submitted a request for validation from Palisades b/c I don't know what it is - I believe it may be another old debt, past statute of limitations. I haven't gotten any response, so I've been watching case through the online Clerk of Courts (FL):

6/11/09 Summons Returned Unserved     
7/1/09      Petition/Motion for Attorney's Fee           
7/1/09      Letter           
7/1/09      Motion for Summary Judgment

03/12/2002 is the date of default given by Palisades - can I use SOL?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 6 years ago.

Unfortunately, when you sent the letter to the court, you legally submitted to the court's jurisdiction and permitted the creditor/plaintiff to obtain a default judgment against you.


In order to assert a statute of limitations defense to a lawsuit, you must appear in court and defend, otherwise the defense is waived.


The fact that a debt is too old to appear on your credit report after the seven year expiration period) is irrelevant, because it does not make the debt uncollectable. The statute of limitations for collection of a debt is entirely different from the expiration of the credit reporting agency ability to display the debt on your credit report.


The botXXXXX XXXXXne is that you could ask the court to set aside the default judgment on grounds of inadvertance, but otherwise, you have lost the case and you now owe the judgment award.


Hope this helps.


Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.

Customer: replied 6 years ago.
There hasn't been any judgement awared yet.

The plantiff has only entered a motion for a summary judgement, and requested a court date. The only letter I sent was after I received a letter directly from the plantiff's lawyer, the "request for admissions." Because I was under the impression they were trying to collect on an entirely different debt, I responded saying that I denied the request, and provided them with proof that the debt was paid.

Because I now understand that this is for an entirely different debt - I haven't actually responded to anything that they've requested at all.

I don't care if I have to go to court to submit the statute of limitations defense. And I understand that they still have a right to try to collect, even if it doesn't appear on my credit report, but I do not want them to be granted a judgement because they don't have a right to sue at this point and that could go on my cc report for like 20 years.

What I'm asking is can I now have a lawyer some sort of defense that they don't have the right to sue me b/c the statute of limitations has past and dismiss the motion for summary judgement?
Expert:  socrateaser replied 6 years ago.

Sorry, I misunderstood. I read your comment about the "date of default," and read that to mean that the court had "entered a default judgment."


If there is no final judgment, then you could respond to the summary judgment motion on grounds that the statute of limitations on the debt has passed. There is a possibility that the court will not permit you to assert the defense now, because you never answered the original complaint. But, it's worth a shot.


And, you could certainly have a lawyer prepare the summary motion response.



Customer: replied 6 years ago.
Thank you - I thought there must have been a misunderstanding.

Just to clarify: Regarding the statute of limitations on credit card debt, is the date of default submitted by the plantiff (in this case, March 2002) the date the clock starts running on the SOL?

Expert:  socrateaser replied 6 years ago.
The SOL runs from the date that each and every element of the claim is complete. This means that the date of actual defaul could have been even earlier, but since the SOL for a Florida written contract is 5 years, you don't need anything earlier to plead the SOL as a bar to the litigation.
Customer: replied 6 years ago.
Thank you!
Expert:  socrateaser replied 6 years ago.

You're welcome and good luck!

socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 37477
Experience: Attorney and Real Estate Broker -- Retired (mostly)
socrateaser and 2 other Bankruptcy Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK

Meet The Experts:

  • Terry L.

    Terry L.


    Satisfied Customers:

    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
< Last | Next >
  • Terry L.'s Avatar

    Terry L.


    Satisfied Customers:

    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • cortrightlaw's Avatar



    Satisfied Customers:

    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • JoeLawyer's Avatar



    Satisfied Customers:

    Attorney in the practice of Bankruptcy Law since 1996
  • A.J.'s Avatar



    Satisfied Customers:

    Experienced consumer bankruptcy attorney.
  • Fritz's Avatar



    Satisfied Customers:

    Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases
  • Law Girl's Avatar

    Law Girl


    Satisfied Customers:

    I am an attorney.
  • Paul K, Esq.'s Avatar

    Paul K, Esq.


    Satisfied Customers:

    10 years Exp., Great customer service, Prompt responses.