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Showing results for tags 'statute of limitation'.
Recently served summons for breach of contract on a Barclays card. JDB is Unifund. I am currently battling PRA in magistrate for a separate suit (account stated) My knowledge to defend JDB revolves around traditional court litigation. After reading arbitration posts, I filed my answer. Denied everything. Affirmative defenses = lack of subject matter (arbitration), Statute of limitations. The scheduling order was made and entered the next day. It appears Unifund already filed a motion to vacate, is this the same as a continuance? Unifund did not attach a card agreement with th
I had cancer when I was 20 and was on disability/SSI and almost died during this time. I had a small bill that my parents did not pay of $700(I had no income). Apparently worldwide asset purchasing opened a lawsuit for collections on this $700 when I was 23(2003). My mom signed for the paper when it was sent and I never knew about it. They didn't pursue anything however. I am now 35(2015) and out of nowhere they opened the case back up, sued me, and garnished my wages for $2000. Is this legal?? The statute of limitations is 6 years in NJ. I have a lawyer going after them for the violation of
A California Consumer Defense Attorney said that most credit card companies incorporated in Delaware for a reason: This state doesn't have a cap limits for the interest rates charged on credit cards, so the credit card business is more profitable there. However, Delaware has 3 years Statute of Limitations. Often, the credit card Agreement has a "Choice of State Laws" provision, in which the credit card company would chose Delaware as the choice of state laws so that they can charge whatever interest rate they want. So, if a California consumer is sued by a credit card company that is inc
This has been going on since April and they sent me a MSJ last week. I did some digging and came up with this. I am going to file a motion to dismiss too, not sure how to word it. I know this is LONG but please someone look over and help me make it LAWYERISH ....THANKS IN THE STATE COURT OF HOUSTON COUNTY STATE OF GEORGIA some company Assignee of First USA Bank, N.A. Plaintiff, vs. ME Defendant. DEFENDENTS RESPONSE TO PLAINTIFFS MOTION FOR SUMMARY JUDGEMENT COMES NOW, ME, Defendant and responds some company Motion For Summary Judgement as follows According to Plaintiffs letter t