Collections Law/civil summons

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Expert: Creditwrench - 2/2/2010


Question
I received a civil summons in Oct of 2008 for a Providian credit card I defaulted on. Midland Funding had bought the account. I anwered the summons with the defense of SOL. The account was 30 days past due in Sept 2003 and I included a copy of my credit report as proof. The SOL in Ky is 5 yrs. After receiving my answer MF attorney sent me a letter to call and set up payments. I ignored the letter and since then no action has been taken. The court sent a motion to dismiss in Jan 2010 because of no action. MF is now objecting saying no proof in my answer. They want judgement. Can they do this after 16 months? Do I need to appear for the motion for dismissal? It is set for Feb 11. Or do I just need to get a lawyer?

Answer

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I'll have to get a look at what they filed to give you an accurate answer but what does an allegation of no proof in your answer have to do with dismissal for lack of prosecution? Seems to me it isn't about your answer now but what they failed to do. I'd guess that the judge will go along with their demand to get the case rolling again because of the theory that the plaintiff's case should not be jeopardized because of the failures of the attorney they hired. So what have you filed in the case?  

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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