I am looking for some tactics to use on Thursday. This company is trying to sue for judgment on a credit card debt that is over 7 years old. The reporting of the debt has been deleted because of SOL. What should be my approach in a telephone pre-trial I will be having on Thursday??/ Any suggestions??
Check the SOL for your state and if the debt is older than the SOL, than apply the debt as being out of SOL as an affirmative defense and move for dismissal. You might look up some other affirmative defenses and see if you can apply any of those. Have you already answered their complaint? What defenses did you use there? You might need to provide some more background...
Here was my answer to the summons: 1. The summons letter went to my fathers business in Ohio(where the summons came from), but I live in FL and the contract signed for the CC was in FL(defaluted in 2000). I used the US code "15 USC 1692i "stating that filing of judgments could only be in the state I reside or where the contract was signed. 2. This is a 'time-barred debt' which is SOL has expired. Mind you, this is a CA trying to sue not the OC.
