hello everyone i am 4 days away from court and getting really nervous. ca is suing for charge off. i am using sol as defense. i was hoping to get some advice on what to expect when i go. it is in district court in wash. STATE. i think i have copies of everything i need to use but would like some input on what others might think would be useful. right now i am sooo scared i am afraid i might forget something. thanks to all :O)
Do you have any violations against them at all? Cause I would set a motion to dismiss on grounds of anything. Then countersue for deflamation and violations.
There is NOTHING to forget except the letters SOL. Once they have passed the statute date, they have no case as long as you show up and mutter to the judge "This is past the Statute of Limitations." And request dismissal. As Kiyi said if you have any violations, I would have countersued, but it may be too late to do that if the case is 4 days away. But don't fear if the SOL has run out, you have a no brainer. -Peace, Dave
thank you for your replies. i think i have at least 2 violations. will try and get them in if possible. and yes i know for sure the sol has passed. charge off 2/98 last pay was 6/97. is there anyone out there that can tell me what happens when you go to district court? this sounds silly but i have visions of Judge Judy and that is a scary thought!!! if i had just an idea of what takes place i dont think i would be so nervous about all this. thank you to all that have replied to my posts in the last several months. please keep your fingers crossed for me. :O)
Re: court advice PLEASE.. is there anyone out there that can offer some info on what takes place when you go to court over a summary of judgement? i go to court in the morning and could really use some extra knowlege on my side. anyone please....
Re: court advice PLEASE.. Clutterbug, The plantiff is telling the judge that there is no need of a trial because we have some point of law that requires you to rule in our favor. If the defense is the SOL, I got no idea how they would circumvent that defense. Just don't get flustered and take your evidence of the last time you paid on the account. Whatever happens, it'll be fast. Either they got the goods or they don't. Good luck!
Re: court advice PLEASE.. the very last payment was made 6/2/97 i have the cancelled check. also a credit report from 12/98 stating the account was charged off as of 2/98. i cant think of anything more to use to prove the sol for wash. state 3 yrs. i hope that is enough. thanks for all your replies i was starting to think no one would bother with my questions. :O)
court-not consumer friendly well i lost big time. the judge said my credit card account was not an open account it is a written contract even when i tried to explain why i thought it was an open account he wouldnt even consider it. so the ca got a judgement against me. so i guess this is the end for me. for a 1600 charge off i get to pay 4000. arent i lucky... thank you everyone that did answer my questions i do appreciate the help. if it werent for the info i got on here i wouldnt have even had the nerve to show up in court but i did and i tried at least i can say that i did try!!! thanks again :O)
Re: court-not consumer friendly Sorry you lost, clutterbug. What state are you in and what court did they sue in? L
Re: court-not consumer friendly I was under the impression that TILA {Truth in Lending Act} specifically defined credit cards as an open account? Prehaps this is worth a trip to lawyer to find out for certain.
Re: court-not consumer friendly You might try contacting the FTC office and requesting assistance from them as an intervenor. It is within the FTC jurisdiction if a State Court is ignoring Federal law.
Re: court-not consumer friendly Clutterbug, this is 100% bullshit, all you need to do is vacate the judgement due to FCRA violations against them. Period. You have 30 days. Don't delay.
Re: court-not consumer friendly Kiyi, That is incorrect. You have to have specific procedural error to vacate a judgement in this situation. Any FDCPA violations are on the back burner until this judgement can be overturned on the grounds that a cc account is an open contract and the SOL is 3 years.
Re: court-not consumer friendly That's why I wondered what state, but then I saw earlier that he said Washington state. Whether its an open contract or a written contract would be based on state law. I tried quickly to find out what the courts in Washington usually held credit card agreements to be, but I couldn't find a lot of information on Washington state's legal system at all past the RCW and definately not a lot of caselaw. Washington is outside our Lexis contract, so I can't look there for ya. I agree with the poster who suggested contacting an attorney. Your only hope is if the Washington courts have held that credit card agreements are actually open contracts. I know in most states they are. Do some research on contract law and maybe you'll run across something helpful. L
Re: court-not consumer friendly http://www.legalwa.org/ That may help...I am searching but I agree with the others who suggest you hire competent legal counsel to help you here. I believe it will be worth the money spent for an attorney. -Peace, Dave
Re: court-not consumer friendly Hey, here's my motto: SOL spells shi@ out of luck for the collection agencies.......lol Congratulations, Sal
Re: court-not consumer friendly Apparently Judges in Washington don't subscribe to your motto. -Peace, Dave
Re: court-not consumer friendly I'm sorry, I didn't read the entire thread until I posted. I didn't realize you already went to court let alone lost. This is ubsurd how the judge walked over your case like that. -Sal
Re: court-not consumer friendly Just for clarification, What was the sol for open ended and cc accounts in washington?.....was this the technicality the court used? -Sal
