1st off, this forum/site is absolutely super. How do I (steps please) file a motin to dismiss via time-barred on the SOL? Also, how do I find out the date of my last payment (all credit records,paerwork, and reciepts are lost)? I really do not want to contact the lawyers,CA, or creditor involved because the summons was left by doorstep (no one home to recieve it)...and I do not want to indicate to them that it has been recieved.
There are templates on here for such a motion. Do a search and you should be able to find one which is suitable. You can order a copy of your reports in order to determine the date of last activity or call the original creditor.
I've searched long and hard and could not find template for 'motion of dismissal'. Can you locate and put me at the proper place. Or disclose any internet site hat would have such template. Thanks.
SOL is raised as an affirmative defense ... along with an answer. MTDs go to things that are attacked before answering ... legal sufficiency of the complaint, etc. SOL would only be reached by MTD in states where the right is extinguished along with the remedy ... say Wisconsin or Mississippi.
Well actually, you can simply state it's a 12b6 standard because a claim which is time barred is one upon relief cannot be granted. Worst case scenario it is denied and then you raise it as an Affirmative Defense. Doesn't really matter though and I will defer to you on FL jurisprudence.
