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Collections Law/Past SOL Valid suit


A debt collector brought suit on a credit card past the SOL, 6yrs in South Dakota. They claim a payment was made in 2012 and referenced evidence of it in their suit, but there is no such evidence with that date because the last activity was February 2009. The account is off of my credit report even. In replying to the suit, should I reply to every point or make one defense it is past the SOL and let that cover everything? I have an old credit report that shows when the card would be off of my report, indicating there was no activity within that time frame they reference. Should I include that as evidence?   Thank you so much for any information you may provide.

Hi Mary,

You are at the point where you should probably hire an attorney to represent you. If I were in your shoes, I would want the proof that they say that there was a payment made before I decided to do anything else. Just because the credit report doesn't show it doesn't mean that something wasn't  going on.  I know people with short sales and foreclosures where it never hit their credit report. Hope that helps.


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Brian Pitcher


I can answer all questions related to Residential Real Estate. In particular I am an expert in the loss mitigation side. I meet with multiple homeowner on a weekly basis and guide them through the issues of being upside down on their mortgage and what they can do to better it. I can answer questions on Loan Modifications, Short Sale, Foreclosure, Strategic Default, Deed in Lieu. I can also answer questions on the buyer/investor side of things in regards to homeownership or home flipping. I can also answer questions regarding the 1099C or cancellation of debt that homeowners get from a short sale or a foreclosure.


I run a team of agents called the Pitcher Group, out of Salt Lake City. We specialize in Short Sales and helping sellers get out of tough situations. We have closed over 100 short sales in the past 3 years with our team. I also am an owner of a Short Sale Negotiation company that helps process short sale transactions for Real Estate Agents all across the country. I understand the investment side of Real Estate as I have bought and sold many rental type homes over the years. I also rehabilitate homes and flip them. We usually have 1 to 3 properties going at any given time. Our completion time from bought to sold is usually less then 4 months.

I am a member of the national Association of Realtors on the national level and the Salt Lake board of Realtors on the local level. I am a member of the Short Sale Specialist Network as well as multiple short sale mastermind groups locally and nationwide.

The Short Sale Specialist Network The Truth about Short Sales, Loan Modifications and Foreclosures (an ebook that I wrote)

Bachelors Degree from the University of Utah in Spanish with an emphasis in Economics. Specialized and on going study of loss mitigation tactics revolved around the banking industry and real estate including FDIC.

Awards and Honors
Bronze Home sales award in 2008 for Keller Williams Gold Home sales award in 2009 For Keller Williams Triple Gold Home sales award in 2010 For Keller Williams Triple Gold home sales award in 2011 For Keller Williams Top Sales agent individual award in 2010 For Keller Williams I have been asked to speak and teach other realtors how to handle short sales for Keller Williams International and also at my local board of Realtors.

Past/Present Clients
I have over 100 successfully closed short sale transactions.

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