Expert: Apex Credit Services, LLC - 12/7/2008

Question
QUESTION: I have just been served an Summons for Mandatory Arbitration by attorneys for LVNV on an old Citibank account. I intend to fight this all the way pro se. I have documentation that the account was in default dating back to 06/03 meaning this is now outside of the SOL according to IL laws. How do I go about proving this to the court to get this case dismissed with prejudice. My file date is 12-18-08. Do I include this in my answers and defenses?

ANSWER: John:

You have answered your own question.  You simply state in your affirmative defenses and or move to dismiss the claim for failure to state a claim for which relief can be granted.

Apex Credit Services, LLC
http://www.apexcreditservices.com
888-727-4818

---------- FOLLOW-UP ----------

QUESTION: Can I appear on my return date and verbally initiate a move to dismiss the claim , or must I file a motion and get a separate date for that to be heard/considered by the judge.

Answer
John:

I would file by motion and schedule a separate hearing for it.  If you're in Tennessee, we at Barnette Law Offices, LLC perhaps could help.  Ask for me, Jason Barnette.

Jason Barnette, Esq.
Barnette Law Offices, LLC
http://www.barnettelawoffices.com
615-585-3885