Search the Community
Showing results for tags 'motions to dismiss'.
Found 1 result
Filed a Motions to Dismiss in PA?
pagirl080859 posted a topic in Is There a Lawyer in the HouseIn 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?!