krelza

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About krelza

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  1. Thank you both for your explanations & ideas. krel
  2. I've checkout out the flow chart and have one question. If the CA doesn't validate after 30 days, why would someone write them again giving them 15 days to do the same thing they didn't/couldn't do in 30? To me 30 days is plenty enough time.
  3. When I requested to have the case dismissed I simply put in my answer that the SOL had ran and gave a copy from my credit report showing the date of last activity. I called and talked to the court clerk today and I found out that a date has not been set for a trial so that lawyer is lying, the clerk told me that there is nothing set for me on June 24th. Got another letter from the attorney today wanting more time from the court because he will be out of town for a week...vacation I suppose. I hope that the Judge laughs at him and wants to know how he decided his own court date. This lawyer has proven himself to be a liar so I do not want to help him in any way. I will proceed with asking for request for production. Please continue to direct me...I thank you all very much.
  4. Thanks for the replies. I will follow through with the request for production. Seeing how today is the 18th and the court date is the 24th should I still proceed with going to court on the 24th or give him say...10 days to produce? I do not want to go into court and the Judge say to me...Well, you asked for additional info but you didn't give time for it to be produced so therefore you are SOL. The Attorney has already told me that it is gonna take several weeks to get the info but I do not want to help him out in any way or make it easier for him. If I go to court on the 24th do I just tell the Judge that all documentation has not been produced so therefore the case should be dismissed? The Attorney sent a partial validation..pure tackiness on his part. He must have thought that I was inept and would take what he sent so I requested full validation...I want it all. If someone will continue to guide me I will follow through. I need lots of help with this one. Continued thanks for your help.
  5. Being sued by Atlantic Credit that bought old Discover account. Requested full validation from their Attorney and also requested when & how much they paid for Discover account. Attorney will not supply the contract or the amount unless ordered by the court. Also, their Attorney wrote me asking if I would give him 60 days to validate, it seems he was notified that the court date is going to be June 24th. Attorney had already written me asking if something could be worked out, I did not respond. How much time should I give him to validate? 10 days? I do not want to cut off my nose to spite my face. Is it written in law any set amount of time to allow for validation? What would you do if in my shoes? I need some guidance. Let me also say that I requested the lawsuit be dismissed because of SOL, DOLA was 4/2001. Suit received in mail on 5/5/04. This was totally ignored. I"m thinking of still going with the SOL defense. Any thoughts on this? Thanks for your help.
  6. Thank you so much for such wonderful advice. I will follow it. Should I need any additional help I will surely post here.....Thanks again!!
  7. Thanks for answering. Here is the scenario...Being sued by Atlantic Credit & Finance for a Discover account they purchased. Their attorney is located here in Alabama. When I received the summons I filed an answer with the court and sent copy to the attorney. 1st I am using SOL as defense, then I asked for the signed contract, all debits/credits and charge slips for the account. I sent it CRRR also. Is this enough, and this is where I get confused...do I now ask for Discovery? Thanks for your continued answers.
  8. Is validation and discovery the same thing? Thanks
  9. Thanks for answering. That relieves me a bit. I am in Alabama and the SOL is 3 yrs on open accounts. The DOLA on 1 CR shows 4/01 and they filed their suit 4/4/04 but we did not receive it until 5/5/04. On another credit report it shows charge off 5/02. I am going to let it be their burden of proof, I requested validation so we shall see what they come up with. I was reading something about "Discovery". Does anyone think this would be a good idea? Thanks for all your help.
  10. My husband & I are being sued by an attorney representing Atlantic Credit & Finance (they apparently bought an old Discover acct). We answered the summons using SOL as defense. After reading some archived posts I found that we might have made a "BIG" mistake in that we sent a copy of the Discover acct on our Equifax report showing the DOLA. Also on our answer we asked for the signed contract, all charge slips and all debits/credits for the account. When we received the summons the attorney sent a copy of the acceptance form which doesn't mean squat to me...doesn't mean we accepted the card or used it in my mind. Anyway......is sending a copy of the Equifax report just showing the Discover acct and the DOLA going to come back and bite us in the butt??!! Any help or advice will be greatly appreciated. P.S. Haven't heard anything "yet" from attorney, only been a few days. Where do we go from here, what should we do next? Thanks