Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am sorry for your situation. Arguably yes
, although it becomes subjective.
Normally, the statute of limitations
for such matters falls under a breach of contract
(i.e. they promised to provide service in exchange for your promise to pay).
For simple breach of contract, the statute of limitations is three years
However, for a breach of contract based on a debt account
(rent, credit card, etc), it is six years
What they did is file a suit a day before 6 years was up. No doubt the Plaintiff may attempt to argue that this was a debt account. Someone in your situation may wish to argue that this was a PLAN debt, and as such, is limited to 3 years - not 6 - and as such, is too late.
If so, then someone in your situation may wish to:
1) File an answer (let me know if you need a sample); and
2) File a Motion to Dismiss
based on the statute of limitations being expired.
Hopefully, the Court will agree, and if so, the matter will be dropped.
An attorney is highly recommended, but not mandatory.
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