.jpg)
State Court Action after Expiration of Statute of Limitations
Pat is correct. You must allege as affirmative defenses that each of
the statute of limitations, both two and four years have expired, and
while you are at it, add two affirmative defenses under the TILA:
"DEFENDANT is informed and believes, and based thereon alleges, that
the causes of action and claims for relief alleged in the PLAINTIFF'S
Complaint are barred by the statute of limitations of the State of
California, as set forth in California Code of Civil Procedure
Sections 337, 338, 339 and 340, et.seq." And you may also add an
affirmative defense that states: "DEFENDANT is informed and believes,
and based thereon alleges, that the causes of action and claims for
relief alleged in the PLAINTIFF'S Complaint are barred by the
applicable provisions of the Truth in Lending Act, 15 United States
Code, prohibiting the collection of debt that is barred from recovery
by applicable state law." And, do not forget the ever so popular
"DEFENDANT is informed and believes, and based thereon alleges, that
the causes of action and claims for relief alleged in the PLAINTIFF'S
Complaint are barred by the applicable provisions of the Truth in
Lending Act, 15 United States Code, requiring PLAINTIFF, at the
written request of DEFENDANT, to validate and verify the allege debt,
however, in this instance DEFENDANT made such written request upon
PLAINTIFF and its counsel, but as confirmed by a second letter to
PLAINTIFF and its counsel, such written request was not timely
responded to by PLAINTIFF or its counsel."
Good luck and best regards. Lou Esbin
>
> It was Lisa Simon and I think she is wrong. In the state court
action, it
> must be pleaded as an affirmative defense or you lose it.
>
>
>
> Patrick T. Green, Esq.
>
> Fitzgerald & Green
>
> Attorneys at Law
>
> 1010 E. Union Street
>
> Suite 206
>
> Pasadena, CA 91106
>
> Tel: 626-449-8433
>
> Fax: 626-449-0565
>
> pat@...
>
>
>
Behalf Of P
> L
> Sent: Wednesday, March 26, 2008 3:05 PM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] State Court Action after Expiration of Statute of
> Limitations
>
>
>
> Civil Code apparently, I don't recall the attorneys name but I
believe that
> she frequently handles creditor vehcile matters.
>
> Erik Clark wrote:
>
> RFDCPA?
>
> M. Erik Clark
> Borowitz, Lozano & Clark, LLP
> 100 N. Barranca Avenue, Suite 250
> West Covina, CA 91791
> www.BLClaw.com
> Office: (626) 332-8600
> Fax: (626) 332-8644
> Board Certified in Consumer Bankruptcy
> American Board of Certification
>
> ________________________________
>
behalf of
> P L
> Sent: Wed 3/26/2008 2:18 PM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] State Court Action after Expiration of Statute of
> Limitations
>
> Not FDCPA, California Law.
>
> Erik Clark wrote:
>
> FDCPA?
>
> M. Erik Clark
> Borowitz, Lozano & Clark, LLP
> 100 N. Barranca Avenue, Suite 250
> West Covina, CA 91791
> www.BLClaw.com
> Office: (626) 332-8600
> Fax: (626) 332-8644
> Board Certified in Consumer Bankruptcy
> American Board of Certification
>
> ________________________________
>
> on behalf of P L
> Sent: Wed 3/26/2008 12:57 PM
> To: cdcbaa@yahoogroups.com
>
> Subject: [cdcbaa] State Court Action after Expiration of Statute of
> Limitations
>
> At the 3/22/08 CDCBAA MCLE an issue was raised regarding the filing of a
> lawsuit after the statute of limitations has expired being itself
actionable
> and not just an affirmative defense. Any authoriity for this?
>
> ________________________________
>
> Never miss a thing. Make Yahoo your homepage.
>
> > >
>
>
>
> ________________________________
>
> Be a better friend, newshound, and know-it-all with Yahoo! Mobile.
Try it
> now.
>
The post was migrated from Yahoo.
It was Lisa Simon and I think she is wrong. In the state court action, it
must be pleaded as an affirmative defense or you lose it.
Patrick T. Green, Esq.
Fitzgerald & Green
Attorneys at Law
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
The post was migrated from Yahoo.
It is actionable under both CA Rosenthal and, if not creditor collecting,
under FDCPA. It could be brought as a counterclaim, but I think it is
better to bring it later in federal court. If you are dealing with a
typical collection law firm in CA, they are completely unfamiliar with
district court.
Patrick T. Green, Esq.
Fitzgerald & Green
Attorneys at Law
1010 E. Union Street
Suite 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
The post was migrated from Yahoo.
it was lisa Simon. But I believe she was wrong. It's an
affirmative defense only
.
> Civil Code apparently, I don't recall the attorneys name
> but I believe that she frequently handles creditor
> vehcile matters.
>
> Erik Clark wrote: RFDCPA?
>
> M. Erik Clark
> Borowitz, Lozano & Clark, LLP
> 100 N. Barranca Avenue, Suite 250
> West Covina, CA 91791
> www.BLClaw.com
> Office: (626) 332-8600
> Fax: (626) 332-8644
> Board Certified in Consumer Bankruptcy
> American Board of Certification
>
> ________________________________
>
> Sent: Wed 3/26/2008 2:18 PM
> To: cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] State Court Action after Expiration
> of Statute of Limitations
>
> Not FDCPA, California Law.
>
> Erik Clark wrote:
>
> FDCPA?
>
> M. Erik Clark
> Borowitz, Lozano & Clark, LLP
> 100 N. Barranca Avenue, Suite 250
> West Covina, CA 91791
> www.BLClaw.com >
> Office: (626) 332-8600
> Fax: (626) 332-8644
> Board Certified in Consumer Bankruptcy
> American Board of Certification
>
> ________________________________
>
> on behalf of P L
> Sent: Wed 3/26/2008 12:57 PM
> To: cdcbaa@yahoogroups.com
>
> Subject: [cdcbaa] State Court Action after Expiration of
> Statute of Limitations
>
> At the 3/22/08 CDCBAA MCLE an issue was raised regarding
> the filing of a lawsuit after the statute of limitations
> has expired being itself actionable and not just an
> affirmative defense. Any authoriity for this?
>
> ________________________________
>
> Never miss a thing. Make Yahoo your homepage.
>
The post was migrated from Yahoo.
Civil Code apparently, I don't recall the attorneys name but I believe that she frequently handles creditor vehcile matters.
Erik Clark wrote: RFDCPA?
M. Erik Clark
Borowitz, Lozano & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
www.BLClaw.com
Office: (626) 332-8600
Fax: (626) 332-8644
Board Certified in Consumer Bankruptcy
American Board of Certification
________________________________
The post was migrated from Yahoo.
RFDCPA?
M. Erik Clark
Borowitz, Lozano & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
www.BLClaw.com
Office: (626) 332-8600
Fax: (626) 332-8644
Board Certified in Consumer Bankruptcy
American Board of Certification
________________________________
The post was migrated from Yahoo.
Not FDCPA, California Law.
Erik Clark wrote: FDCPA?
M. Erik Clark
Borowitz, Lozano & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
www.BLClaw.com
Office: (626) 332-8600
Fax: (626) 332-8644
Board Certified in Consumer Bankruptcy
American Board of Certification
________________________________
The post was migrated from Yahoo.
FDCPA?
M. Erik Clark
Borowitz, Lozano & Clark, LLP
100 N. Barranca Avenue, Suite 250
West Covina, CA 91791
www.BLClaw.com
Office: (626) 332-8600
Fax: (626) 332-8644
Board Certified in Consumer Bankruptcy
American Board of Certification
________________________________
The post was migrated from Yahoo.
At the 3/22/08 CDCBAA MCLE an issue was raised regarding the filing of a lawsuit after the statute of limitations has expired being itself actionable and not just an affirmative defense. Any authoriity for this?
Never miss a thing. Make Yahoo your homepage.
At the 3/22/08 CDCBAA MCLE an issue was raised regarding the filing of a lawsuit after the statute of limitations has expired being itself actionable and not just an affirmative defense. Any authoriity for this?
Never miss a thing. Make Yahoo your homepage.
The post was migrated from Yahoo.