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.
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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.
You're welcome and good luck!
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