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Showing results for tags 'statue of limitation'.
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Hi, I am being sued by Jefferson Capital for an Old debt originating from Fingerhut Direct Marketing. An adult in my home was served with the summons. They just told me about the summons and the deadline to file an appearance is tomorrow 10/30. My question is about SOL. I can't find my agreement but all the agreements I have seen issued by Fingerhut states that there State Law of Utah is the law that prevails. My understanding is that the time to collect on this type of debt is 4 years for the state of Utah and 5 years for my state of Illinois. If we go by the state that's governing in the con -
I have edited this post to include this introductory statement because there's a lot here and I feel it's important to read through this saga knowing ahead of time how it will end. You will see how much work and attention to detail I gave this case but it was not enough to come out on top. I lost in Justice Court when the Plaintiff filed a Motion for Summary Judgment (MSJ) and was unable to get the appellate court to reverse the lower court's ruling. Here is the thread for my appeal: http://www.creditinfocenter.com/community/topic/323330-arizona-lost-to-cavalry-on-msj-also-lost-on-appeal/- 427 replies
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I just claimed a defeat with a denial of a Motion for Summary Judgment. Is there anything I should or can do to stop the Plaintiff from trying again? Also, When the Plaintiff first filed the complaint, it was a couple of months before the Satatue of Limitation. Now the SOL has passed. Should I claim that now? The judge's ruling reads as follows: Plaintiffs Motion For Summary Desposition: The motion is denied for the reasons expressed on the record. Plaintiff is unable to proceed to trial for the reason that it has no witnesses to proceed. This matter is accordingly Dismissed without prejudice