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I recently got served with papers from American Express, telling me I am being sued for a little over $5000. I am in the middle of selling my house and I cannot afford to pay this upfront. However, I can afford to pay it on February 4th, 2016. Should I tell them that or tell them that it may be sooner if my house sells earlier? Will that keep us out of court? Help, please! I am so confused. Information You need to answer this.docx
Hello. I need a little help. I am being sued by Midland in PA for two different items in December. I checked my credit report and there is a 3rd item I have with them but I have not received any notice of a lawsuit for that. I'm not sure what to do. The first two are on different dates, two weeks apart. The total of all the items together is a little over $3,000. I've already entered my intent to defend myself with the magistrates office. I'm not sure what to do..... if I win the first will there be any chance of winning the second or possibly third? I don't know if I should call them and try to settle. I could use some advice guys. Thanks in advance.
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?!