Legal Question in Credit and Debt Law in California
u are being sued by plaintiff
can u be sue out of the limitation by a thrid party lease a car from toyo 1995 &now it s 2007 i have not heard from toyo until this third party brachfeld &associates, pc brought the account now they are sueing me in toyo name
2 Answers from Attorneys
Re: u are being sued by plaintiff
Are they threatening, or have you actually been served with a lawsuit? If you receive the lawsuit, definitely contact an attorney to help you out. You have 30 days to file a responsive pleading, including a demurrer based upon the statute of limitation. They might face penalties under the Fair Debt Collection Practices Act.
Re: u are being sued by plaintiff
From the information given, the short answer is "no", this would violate the statute of limitations no matter who now owns the debt.
This suit, whether threatened or already brought, and likely other actions by this collector as well, likely violates the laws about fair debt collection. You can file a counter-suit against them and get monetary damages as well as have your attorneys fees paid for if you win.
Do not delay in calling an attorney if you have already been served with the lawsuit as there is a limited time to respond.
-- Amy Kleinpeter
http://www.amykleinpeter.com
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