ready2fight

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About ready2fight

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    utah
  1. coud i list the SOL state that I believe I have not defaulted on a contract within the Utah statute of limitations, and leave it at that?
  2. if i state that debt is outside SOL in the affirmarive defense, do i have to site the specific utah code as to why? The 4/ 6 year SOL are different codes. Though i know for fact i would be fine in the 4 year code, and i have a good chance of being outside the SOL on the 6 year code... do i want/need to be specific to code? i'd hate to state the 6 year code and be wrong, or have a judge who would have considered the 4 year code.....and i would hate to state the 4 year code and that strike a nerve with the court... saying it falls under the 6 year and not even addressing the actual date because
  3. the oc is still on my credit, but no data showing last payment or date of last default, etc. it only shows listed as charge off, terms as revolving, and that they last updated the account 7/2009 and the credit limit amount.
  4. seems i should some how question their standing after reading the feed Standing when dealing with JDB ... is my response the appropriate time to do so? do i wait for discovery? how would you word that? Sorry so many quesrions... just trying not to sink this with my initial response. also... what would your order of operations be? respond, wait, discovery, motion to dismiss, counter claim, etc.... i need my game plan today... having trouble figuring out when to do what...
  5. any others you would list in the affirmarive defenses? They did not attach any proof or any other documents,etc. they just have some random amount as charge off and say i owe it, the charge off amount was not listed on my credit report by OC. the partialnaccount number is not verified, if it is in regards to the account listed as opened in 2007, then the credit limit is the only amount listed on my credit report which is drastically lower than the charge off amount midland is claiming.. they are claiming they were assigned to the account, but there is nothing provided to show that. not a sing
  6. I was served a complaint from Midland (utah) They listed my maiden name instead of my legal name ( not that it means anything but their lack of detail) I had no prior contact with them prior to summons. verified with court on day 13 that they did file, and have been trying to figure out a response since. they state 1) defendant resides in county 2) defendant entered into a contract with capital one account ending in ####, which contract was subsequently assigned to plantiff 3) defendent has defaulted on obligation under contract 4) the amount charge off on the account was $1,xxx.xx T