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Clydesmom last won the day on September 12

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About Clydesmom

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    500 posts and hasn

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    Nevada via Michigan via Georgia

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  1. Correct. You must be properly served in order for the suit to commence. Watch the docket in NV. Theirs is online. Make sure they don't file for alternative service. If/when the case is dismissed for lack of service pay close attention to that date. If you are certain you defaulted January 2016 then February 1 2021 for certain the SOL expires. I would watch the docket. If it gets dismissed lay low and off the grid until February 1, 2021. The SOL expiring does not mean they won't try to sue again. What it means is you would have a GOLD plated defense in that the SOL is expired. That is VERY easy for a lawyer to deal with and most would represent you on contingency (no cost to you) because it would be an FDCPA violation as well.
  2. I would NOT do this and here is why: The OP moved to FL in 2015. One year BEFORE default. The SOL in FL is 5 years. By the time they dismiss the suit or it gets dismissed for lack of jurisdiction the SOL is already expired which is a GOLD PLATED defense. I would wait and see if it gets tossed for lack of service. Chances are good that by the time they find the OP in FL the SOL will have expired. If they then filed in FL I would file a counter claim for expired SOL and force their hand to pay me for the FDCPA violation.
  3. Did you get permission from the court to do discovery before you sent it? JP court in TX requires that.
  4. Unfortunately there is no state form for this. You have to properly draft your own and follow the required format.
  5. First you need to find out if they filed for a default judgment. If you didn't file an answer timely you may already be up a creek and forced to settle. Follow what @Brotherskeeper suggests. This is his area.
  6. Are you in Justice Court? If they granted permission for discovery then they will get the continuance. You don't have to participate but the catch is if you refuse to answer then you are essentially admitting to what they asked in discovery. It is in your best interest to answer because you are not required to give them what they want. Often discovery in these cases is WAY beyond the bounds and moves into a debtors exam on the presumption they are already in possession of a judgment. You can deny or object to their requests for admissions. They often ask for records that far exceed the scope of the trial. Essentially they don't want to spend the money to get the documents to prove their case and are hoping you are dim witted enough to do it for them. If you answer discovery well and submit your own to them they just might fold when they figure out you are not the low hanging fruit of an easy judgment.
  7. The only answer is maybe. You need to take everything you agreed to when you joined and have a lawyer review it. While I agree it is likely a scam it is also possible they had their lawyers draw up air tight contracts that they get "trainers" to agree to when they sign on. Without knowing all the details in the digital contract(s) you agreed to it is not possible to state whether this would be a valid defense. The other problem is you did agree to these charges. Buyers remorse is not necessarily a defense. Just because others got a refund from their CC companies doesn't mean you were entitled to one. PayPal is one of the worse creditors to deal with and does not have a good reputation. With a empathetic judge it could work.
  8. Link the docket or you are simply spinning a bigger web of lies. NO way in H*** I take your word for it.
  9. Only morons like you think I am rude because I refuse to tell them what they want to hear. You activated a two month old thread just to hear yourself talk. No one is impressed but you. You can hurl all the insults and threats you want but it doesn't affect me because you are not significant in my world and I have a life that doesn't revolve around your thoughts and opinions. Feel free to try and give marching orders all you want but you have no power here: be gone.
  10. Which can cause huge problems when hard line statements are made about critical stages like process of service and court documents. I know you are excited to help but be sure of what state the OP is in and the rules for that state before you answer based on your narrow field of knowledge in TX. You REALLY need to learn how the SOL for lawsuits works in ALL states. The SOL is tolled (STOPS) on the date the suit is FILED with the court. The date the Defendant is served has NOTHING to do with it. The SOL stays tolled as long as the case is active in the courts. For example: if the SOL would expire on October 30, 2020 and the Plaintiff files suit on October 27, 2020 the SOL tolls with 3 days left on it. The Defendant isn't served until February 2021. Ultimately the case is heard in June 2021 and the Defendant wants to plead SOL expired. They are denied because the SOL is tolled as the suit is still active in the court. If the suit is dismissed because they can't serve the Defendant or any other reason then the SOL runs as though the suit were never filed and is now expired. It is only in rare circumstances has a Plaintiff been able to revive the suit and over ride the SOL expiration due to court error.
  11. I would do a fast consult with Skaar and Feagle. CALL do not email. They will most likely talk to you same day. The SOL part needs to be investigate first because if it is beyond SOL then you have a gold plated defense and don't have to waste time with a MTC.
  12. STOP! If this case is in Magistrate Court that is NOT what you do. Magistrate Court does not allow filing of motions in advance or discovery. Please read ALL the Georgia threads on what to do. You do not need to type up a formal answer. Magistrate Court in Dekalb has a pre-printed answer form. Get one. Fill it out and check off "deny" for the claim and file that with the Magistrate. They will stamp it and give you a copy. Within 30 days you will be notified of when the trial date is. On that day have THREE copies of a MTC with you. Study all the GA threads on what to do during the hallway conference and if it goes in front of the judge. If you have more questions ask.
  13. It is frustrating because you didn't follow through. You still need to file a FACTA identity theft report and a police report. It is not too late for either. Both combined will get the trade line removed and the collections stopped. They won't just take your word for it.
  14. This says more about your lack of character and intelligence than it does mine. Once again you are wrong and lose the bet. How much did you wager? NOT in court. You didn't produce the document therefore you cannot attest to its accuracy, how it was created or maintained that makes it HEAR SAY in a debt collection case. Go ahead try and get it past Judge Hubner. She will shoot you down in a heart beat. The FCRA governs HOW information is reported IN the bureaus not whether it is admissible in court. Best of luck to the Plaintiff in your case. You deserve the judgment on your arrogant attitude alone.