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aot2002

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  1. No but I pissed off the lawyer and he settled from 9K to 800 bucks. They had proof and it had no SOL. You can still though make there life suck proof or no proof. Mine was a 4-5 month process it sucks but be patient and ride it through you can really win if your patient and slow down. They want you to be stressed.
  2. Stating case law and everything...look at you mr fancy pancy. Looks good I love the "alleged" !
  3. If at any point you admit that you owe the debt then they do not have to do anything more on there side. If you deny all claims they have to prove there case. When I filed against my papers I never did an answer except Defendant denies all claims. Defendant denies being indebted to plaintiff. etc.. If you provide last payment you would be providing proof that you owe the said debt SOL or NOT. If you say SOL & deny claims they will have to fight it and make there case.
  4. http://www.judiciary.state.nj.us/prose/10915.pdf You should have three forms A B C to mail to both the plaintiff and courts, the pdf explains how to fill it out. DO NOT DELAY IN GETTING THIS OUT OTHERWISE THE SOL IS MOOT ! You must mail the paperwork to all other parties in the case by certified mail, return receipt requested, and regular mail. You will receive a green receipt card, which can serve as proof that you mailed the motion to the other party. Don't worry about an ORAL argument right now. ON FORM B...! In the blank spaces, give the reasons why you think your motion should be granted. example: Account has exceeded the time from statute of limitations which is X years.
  5. Just file a motion to dismiss based on being barred from SOL, let them prove it's not barred from SOL why would you prove it? Statute of Limitations on Debts In Capital One Bank v. Creed, 220 S.W.3d 874 (S.D. Mo.2000), the company alleged the parties entered into a contract, whereby the company would extend credit to the customer. The company alleged that the customer breached the terms of her contract by failing to pay the amounts for which credit was extended. The customer denied the allegations and asserted the affirmative defense that the action was barred by the statute of limitations. The appellate court ruled that the action was barred by the five year statute of limitations under Mo. Rev. Stat. § 516.120 (2000). The customer made a partial payment on December 2, 1999, and the company's petition was not filed until January 3, 2005. The ten year statute of limitations under Mo. Rev. Stat. § 516.110 was not applicable because the company did not produce a written promise by the customer to pay money.
  6. Credit bureaus doesn't matter because they didn't report and won't. It's not a credit card agreement.
  7. Me and the plaintiff have come to an agreement and they want me to sign the agreement to send back to them. This looks good to me but I'd like to have another set of eyes peek at it....PLEASE...
  8. They originally offered 2K and I countered with 500 then they offered 1500 I then came back to 800 and it was accepted. I'd like to pretend in my own dream world that if they had the paperwork to make this 9K happen they could. Knowing recent things that have happened it's probably possible so I don't wanna press beyond that. I'd prefer to know that I got off with a 8200 dollar savings.
  9. Exactly what are you concurring for a telephone hearing with the plaintiff's lawyer, or does that mean you just tell them that you are requesting one.
  10. Okay gotcha, as far as the 1099 I'll request that part as well. Technically speaking the settlement has to be signed by the Plaintiff not the plaintiff's lawyer correct?
  11. They did ask about dismissing the motion because we are in the process of finalizing the debt and my response was no I refuse to do this until it's fully settled. They tried to get me to sign it first as well and I said nope you sign it and then also put in that the settlement is a payment in full, plaintiff cannot assign, sell or subrogate etc.. Time will tell if the 800 is real or not but I'd imagine if they do go through with it they might put in a legal statement saying I need to pay within XYZ days or it's invalid.
  12. Who says I'm going to sign it? Remember this is all done through email
  13. Yes but I realize that if I had to hire a lawyer it's 1500 to 2K and if I can get them to sign the settlement release then I will see where the motion goes on March 5th. I could back out but I could also win by having the settlement document.
  14. It just says the pending motion will be heard by oral argument but doesn't mention telephonic words. Although in the header I do see a phone # at the top of the page. They agreed to settle if I paid $800 out of 9K for lawsuit.
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