My colleauge, Jonathan Stein, writes a very interesting blog at www.californiadebtblog.com, albeit from a debtor’s perspective.
In his blog, Mr. Stein talks about the Statute of Limitations and how to prove it. In his blog, he raises a good point. A debtor who can prove that a debt is out of statute, can escape liability for the debt. But….as a collector, I know that most debtors will default on the complaint and thus, my client has a 9 out of 10 chance of getting a default judgment anyway. Secondly, the Statute of Limitations must be pled as an affirmative defense. Hence, if the debtor does not raise it as a defense, it is waived. Finally, something that many people including other debt collectors don’t know, is that the Statute of Limitations is renewed from the date that the debtor last made a payment on the debt.
I encourage everyone to visit Jonathan’s blog as it is well written and gives debtors a lot to think about. In fact, he has given me a lot to write about.