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Question
Hello,
first of all i want to thank you for all of your time and efforts to answer everyone. Thank You. now my question is i was served at an old address but luckily my landlord is a very good person and he called about the summons stuck to his door from Cap one. i looked up the case online and it was filed on 9/22/08 and i have to be in court at 9:30am on 11/19/08 my question is do i have to file a response or can i just show in the court and argue there. statue of limitation in VA is 3 years and i the debt they are suing me for is not even under my name i believe its under my business i had in NY my social was attached to it since it was a sole proprietorship. what ground do i have? i believe it is also past the statue of limitation in state of VA. please advise on this as i dont want to show up in the court without any knowledge and lose.
thanks in advance.
Yes, you need to respond in writing. I would suggest that you file a graduated denial unless you can prove that the debt is beyond the statute of limitations in your state. If you can do that then you might use a motion to dismiss. If it is outside the SOL then you also might want to consider filing a federal case for misrepresenting the legal status of the debt. If you can't prove a SOL defense then you might also want to use interrogatories, admissions and demand for production of documents to prove SOL.
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Answers by Expert:
Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
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