Jump to content

Search the Community

Showing results for tags 'apothaker'.

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • Announcements
    • PLEASE READ BEFORE POSTING / Board Announcements
    • Resources
  • Credit Repair
    • Credit Repair
    • Collections
    • Credit Bureaus/Reports/Scores
    • Identity Theft
  • Legal Issues
    • Is There a Lawyer in the House
    • Bankruptcy Q and A
  • Debt Validation
    • While You are In It Debt Validation Q and A
    • Debt Settlement
  • Loans and Banking
    • Obtaining Credit Cards, Auto Loans and Financing
    • Mortgages
    • Student Loans
    • Banking and Finance

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


State


Biography


Interests


Occupation

Found 1 result

  1. In August of last year, I got served with a summons by Apothaker representing LVNV Funding. I filed my response within the required 20 days (with affirmative defenses included), they sent a request for admissions, etc, I filed my response, and sent one back to them. They ended up coming up with actual statements from the credit card in question, and the charge of signatures. Now, I believe this was their mistake. Since I last stopped paying on the card in 2008, March 2008 to be exact, they gave me the valid proof that I didn't have before that they were suing on something outside of the statue of limitations. Therefore I filed a motions to dismiss based on SOL (in PA, it is 4 years). Fast forward to arbitration. I got there and told the lawyer that I believed the debt was outside of SOL. He looked through his paperwork and said that he couldn't argue with me. So he asked that the court push the aribration date back so that the judge could hear my motions to dismiss (I should have thought that fishy to begin with) that i had filed only a week before arbitration. It's set for sometime in May. Then I got a response to my motions to dismiss, bascially asking that the judge deny it. They are now stating in their response that I made the last payment in November 2008, which I know for a fact that I absolutely DID not. And I don't believe they have any proof of this, either. So my question is, what do I have to file in response to their response to my motions to dismiss? I want to file Something, because they simply filed the response so the motions wouldnt be heard. But as this point, I'm at a loss for what to do. Do I request the submit proof that i made payment in November? do I file a demurrer? I know it's still outside of the SOL, and without any proof, they can't possibly say I made my last payment in November. Please help?!
×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.