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nobk4me last won the day on June 22

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  1. This issue frequently comes up in these forums, so I thought I would post a collection of these cases here. SOLs vary considerably by state. Some states have a SOL as short as three years. Significantly, one of these is Delaware, which is where a number of banks are incorporated due to favorable corporate laws. Examples include Discover, Chase, Bank of America, and Barclays. If your state has a longer SOL, and if it has a borrowing statute, the shorter SOL should be honored. Meaning, if Discover sues you after three years, their claim is time-barred, as if they sued in Delaware, even though your state has a longer SOL. These are the cases I am familiar with that address borrowing statutes: FLORIDA: L.W.T. v. Brodsky, 2006 WL 3617983 (Fla. Cir. Ct. 2006) CALIFORNIA: Resurgence v. Chambers NEW YORK: Portfilio Recovery v. King OHIO: Taylor v. First Resolution Invest. Corp., 148 Ohio St.3d 627, If people know of any others, please post them here.
  2. If the SOL in PR has expired, then you can use that in FL.. Look into: L.W.T. v. Brodsky, 2006 WL 3617983 (Fla. Cir. Ct. 2006) Florida will borrow the shorter SOL.
  3. If the OC is Synchrony, arbitration is the way to go with this. Do not engage in discovery. You need to file a Motion to Compel Arbitration.
  4. Perhaps you are forgetting how hostile some of these courts are toward debt defendants and pro se's. IMO, that is one of the huge advantages of the arbitration strategy: getting out of a hostile court. So I consider a dismissal the holy grail here. Even if it's without prejudice, it is very unlikely they will sue again, and if they do, it's a matter of rinse and repeat. And when they dismiss the second time, then it's with prejudice. An example of the hostility I have faced from a court: a magistrate tried to con me into paying a creditor from my Social Security benefits. But I'm not that dumb; I know that is exempt income, and told him so. He backed off then.
  5. Unfortunately, arbitration won't be an option for you, as Cap One removed the arb clause in 2010, I believe. Calling @texasrocker
  6. That's not sad. It's very good. Usually the courts just stay the case pending arbitration. With prejudice is better, of course, but I would call this a huge win.
  7. Was a reason given for not accepting the filing?
  8. Yes, if you are using it as an exhibit. But it may not be necessary to include it in your answer, as you will be including it in your Motion to Compel Arbitration. Be sure to complete the certificate of service part too.
  9. Look into the arbitration strategy:
  10. Best info on arbitration: I agree, with Synchrony as the OC, arb is the best strategy. But you will need to object to their discovery on that grounds, rather than answering them.
  11. Another approach: since the OC is Comenity, there is probably an arbitration clause, so you can use the arbitration strategy:
  12. Yes, your draft answer is looking good. The only thing I would add is in Section E, Request for Relief, is to also check the first box that states: "Dismiss this case because of the defense(s) stated in Section B." And I would stress that you want private, contractual arbitration. There may be a court-sponsored arbitration available, which you don't want.
  13. I would consider arbitration instead of settling. See info here: