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  1. Yes, I am actually going to pay that self-help attorney to draft my answer and documents correctly and save me the MAJOR anxiety and limited time I have to work on this... The great news is the attorney is almost certain we will get a dismissal fairly early with SOL defense and then I will turn around and sue MF LLC for damages per @shellieh98 suggestion and the referred consumer attorney will represent me for no charge because once MF dismisses, it is evidence they purposely sued outside of SOL. I will keep everyone posted for educational purposes... An attorney drafted Answer that is pro se and I am representing myself. Hope that makes sense!!! Thank you all for your suggestions and guidance!!
  2. So I should definitely pursue Statute of Limitations.. I am still confused on how to proceed that way... same GENERAL DENIAL just simply include SOL as an affirmative defense to Lack of Standing and that is it? If I state SOL and I am denying everything, but putting SOL on there-- is that contradictory? I am saying I don't know who you are or what you are suing me for, but your SOL is up? Any threads I can read about examples regarding this with MF or other JDBs in California?
  3. I looked at credit report for Original Creditor and there are 2 transactions for OC: 1: LACT (I assume this is last activity) reports 5/09 on EFX and Lates: 4x90:1-10, 12-09, 11-09, 10-09; 1x60: 9-09; 2x30: 8-09, ADDITIONAL LATES --- RU UNRATED --ACCT SUBBED TO COLLECTION COLL 2-10 ACCT TRANSFERED CHARGE OFF 2. LACT reports 11/09; CLSD 09/09 PYMT 9/09 on EFX, TUC and EXP and Lates: 4x90:1-10, 12-09, 11-09, 10-09; 1x60: 9-09; 2x30: 8-09 --- R-9 COLL/P&L --- CHARGE ACCT REV - ACCT PURCHASED BY ANOTHER LENDER - CHARGE OFF CHRG $7xxx CHRG 11-09 -- CLOSED--PAST DUE $26XX My assumption is transaction #1 is the correct dates before acct was sold off to JDB??? What are your thoughts?
  4. IF I can recall correctly -- I was unemployed at the time and ALL of my payments to ALL creditors were late... How do I find out for sure?? What if I go through all of this and I am wrong? I do not think I am, but what if? How do I proceed? I will PM @calawyer like you suggested -- THANK YOU SO MUCH!!! YOUR support and advise is a blessing!
  5. I am sorry, I think I was unclear in my previous post. Date I last paid 6/1/2009 - proof on bank statement Date MF LLC FILED (Stamped by Clerk) 7/5/2013 Served 7/28/2013 MY SOL would be 7/1/2013??
  6. Ok, so my last payment was 6/1/2009 and they Filed 7/5/2013 -- aren't they "technically" 4 days too late??? or am I misunderstanding something? I would love to win on a 4 day misfile!!!
  7. Hello ASTMedic -- my last payment to Original Creditor was 6/1/2009 they filed on 7/5/2013
  8. The last payment I made to the Original Creditor was 6/1/2009 -- The case was prepared 6/31/2013 but not filed until 7/5/2013 -- Does this fall within 4 years SOL?
  9. Thank you 1stStep! I will for certain put all of the lawyers names....I figured they are trying to be sneaky in any way they can and I do not want to lose on such a technicality. I will take your advise regarding Lack of Standing... MY SOL with OC was 6/1/2009!!! MF purchased the Charge off and sued me/served me 7/28/2013 -- the date on the end of the unverified complaint was 6/31/2013--but the date counts when I was served? right? My SOL is 4 years... I am trying to remain calm Should I be excited? If I use SOL am I admitting to the debt? How do I get around this????
  10. Thank you Shellieh98! I looked through my bank statements and my last payment to OC was 6/1/2013 and then MF must have bought the Charged off debt and sued me / served me 7/28/2013 -- could I be so lucky? If I claim SOL -- am I admitting to owing the debt?
  11. Hello 1stStep & @calawyer & @ASTMedic & @shellieh98, @HotWheels96 & @nascar, I am FINALLY completing my General Denial per yours and others confirmation that it is the way to go!!-- Thank you all so much!! I was wondering if you all had any ideas suggestions for Affirmative defenses? It has been suggested to keep these to a MINIMUM. The only one I have so far is 1. Defendant reserves the right to plead additional defenses or cross-claims or counter claims that may be identified during the Defendant's investigation and/or course of discovery. Should I leave it at that and play dumb? I also just noticed something STRANGE-- Defendant states (MY NAME MY LAST NAME and DOES 1 through 10, inclusive) ----- Does anyone know what this means? Should I be concerned or is this just technicality? ALSO -- since there are 6 attorneys for MF, do I need to list each one as Plaintiff? or just keep in line with Complaint and list MF LLC? Sorry for the stupid questions!!!
  12. Hello ASTMedic -- you mentioned that you used GENERAL DENIAL for $5K -- and that I should change my approach slightly from how you fought yours... can you elaborate? I really find your suggestions helpful! Does it make a difference that my lawsuit is for account stated vs. breach of contract? Can SOL as a defense be brought up later if discovered?
  13. Thank you HotWheels96 You are an inspiratation. This board is very helpful!
  14. Thank you so much for the clarification Shellieh98! I am going to give it a shot. It helps that I have found this forum and all of the great help here.. It is comforting to know I am not alone. I am just taking the first step and it has taken me over a week to figure out how to draft my answer or denial...I am so afraid I am going to do something incorrectly. Thank you again!!!!!