How in the heck do these attorneys prove that you owe anyone money? The contracts that folks sign to get credit cards are usaully stored and filed somewhere never to be seen again. Are these lawyers actually getting proof of contractual agreement or an obligation to pay? It all seems pretty shaky ground to begin with..
Lizard King, That is what I thought. This is what most creditors or collection agencies do. I think it is very slick indeed. I dont blame them for not keeping good records, due to the cost involved. I believe that is why many of them are going to the electronic signing system in many retail stores. This is also a joke in my opinion.
hey guys, sorry I've been out a couple of days... I didn't get to the courthouse monday but I am going tomorrow... Wendesday. One last question before I turn in my motion....I said I would furnish a copy of my credit report does it have to be the full report page 1 - end or just the page that has the account in question one it? I know that theoretically Judges are supposed to be impartical but if he sees a report with a bunch of charge off sstuff might he not be influenced to sway to the other side????
okay... I got my nerve up and filed the motion to dismiss... now what just wait for the hearing? how will I know if he drops the case? and what happens if he doesn't...I've never even been to court. I did get a letter for jury duty to day...if I'm the defendant's peer does he have credit issues too? lol
Re: here we go...to court...help!!! okay... I got my nerve up and filed the motion to dismiss... my 30 day for the interrogatories is about up so i am ready to send those back to him with the response... "not relevant since the Statute of Limitations has run out on this issue." but do i have to "answer" or file with the court a response to his request for admissions andhis production of documents? or do I just use the "not relevant since the Statute of Limitations has run out on this issue." and send it back to him...the clock is ticking
Re: here we go...to court...help!!! bosslady, I can just say that I answered everything the atty sent me within the time allowed and filed everything I sent him with the court as well. Like you I was on my own and flying by the seat of my pants (LOL). I hope someone will give you the legal answers you need. Tuit
Re: here we go...to court...help!!! In re-reading the posts Lizardking and others all say the least you say the better, so you are probably correct in answering the atty questions with N/A. You have filed to dismiss because of the SOL so maybe it will just end right there! We can hope! Tuit
Re: here we go...to court...help!!! Tuit, that's kinda what I needed to hear. I just don't want to miss anything because I missed a step. Especially something of a timed nature. When you respond to things THEY have filed with the court does there have to be alot of legalease or will english work? You won didn't you? I've read so much here in the last month...and so much more to do, I can only stomp out so many fires at once
Re: here we go...to court...help!!! You have to answer the interrogatories. If not, they will file a motion in court asking the Judge to order you to do so. The Judge can impose court costs against you for the delay. The SOL is an affirmative defense. You must plead it or you waive the right to it. The Judge does not bring up the SOL himself - you must raise it. Use common English. The courts have been trying for over 20 years to get the lawyers to use the English language but they have not been very successful. I recently saw the term John Smith, et ux. I had to look it up.
Re: here we go...to court...help!!! bosslady, I know exactly where your at and exactly what your stomach is doing right now! Without money we can't get legal help, so just do the best you can. It helped me to read opinion letters and some actual court cases to see how the attorneys file this stuff. I think that WALLST had a good suggestion and perhaps you should consider filing a cross-complaint against the atty if the case is not dismissed. I know this is extra work but it will not cost you anything now because you would file it under the same current case number. Seems that when you answer the atty and you make him aware that the SOL is up he should dismiss it. Otherwise, maybe should check out that info I posted at the beginning of this thread re: vexation and if it may apply to you. I think the bright side for you is what Lizardking posted, in the end when you are infront of the judge you will present the defense that the suit is time barred and that is all that will matter. It is scary but you can do it, just put it in your mind that this time you are right and this guy is wrong, even if he is a big bad attorney! I wish I could be of more help. Did I mention that the atty did dismiss my case and I did not have the SOL defense. You can do it! Tuit
Re: here we go...to court...help!!! bosslady, I am not sure how much time you have left to answer but these sites might give you additional advice and help, it's worth a try. http://www.freeadvice.com http://www.lawguru.com The law guru site says it could take time to get answers but it seems they answer pretty quickly. Hope this helps. Tuit
Re: here we go...to court...help!!! Bosslady: I am not sure but from reading the posts, did you raise the statute of limitations as an affirmative defense? Also were you served properly? That is another defense. Please be aware affirmative defense means that you admit the allegations but other facts bar recovery ( i.e. statute of limitations) for the Plaintiff. In Fla if you don't raise the issue in your pleading, it will be considered waived unless you file a timely amended pleading. You also have 20 days to amend your reply. If it gets a little hectic for you, I strongly suggest you get an attorney. Sign up for one of those prepaid legal services,, I know they have helped alot of people who regularly could not afford an attorney. Good Luck
