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    dennk9's Avatar
    dennk9 Posts: 3, Reputation: 1
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    #1

    Aug 19, 2010, 10:08 AM
    Statue of Limitations expires during a lawsuit
    I'm being sued for a defaulted credit card by an attorney representing LVNV LLC. I live in Texas so the statue of limitations is 4 years. It will be 4 years next month since my last transaction or payment. Can I use the SOS if the court date is set for after next month? I'm also still waiting for a VOD.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 19, 2010, 10:10 AM

    You have to be SERVED within the time frame. The case doesn't have to be heard/tried within the time frame.
    dennk9's Avatar
    dennk9 Posts: 3, Reputation: 1
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    #3

    Aug 19, 2010, 10:24 AM
    Thank you. My husband is wanting to do this with out a lawyer. We are hoping that they can't provide a vod. If so, we will try to settle. The amt they want is $7,800. There is no way we can afford it. Talked to several lawyers and they want around $1,500 to represent me. Can't afford them either. So, the only options I have left is to fight it myself and hope I win, settle out of court or let them put a lien on my house. Frankly a lien doesn't sound too bad right now. Land was given to us by family with the stipulation to not sell. We still have around 30 years left on mortgage. I'll be around 65 when paid off.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Aug 19, 2010, 10:25 AM

    And if there is no defense, lawyer or no lawyer, there will be a Judgment against you.

    Sometimes you have to bite the bullet.
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