Recent content by momof5

Is there any case law supporting that a cell phone uses the open account provision for SOL computation? (kinda like credit cards) On other boards folks are stating that UCC statute of 4 yrs applies....however SC did not adopt the UCC, they created their own. SOL in SC is 3 years....but on...

The suit itself tolls the SOL. But, once vacated (made void) it voids the tolling. So whatever was the final date on the original account is the date used for the SOL calculation. If they refile and it is outside SOL, use the affirmative defense and make it go away!

If the debt is ourside the SOL, you need to put that in your response to the summons - as an affirmative defense....the case will be dismissed.