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Do I have everything I need for court?


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I have typed out Motion to Dismiss because they said in the citation that they have "the Contract", Exhibit A, with the OC, yet they attached Exhibit A and it is an account agreement from First Select, who is a CA. I'm not sure where to find the overshadowing part of the FDCPA, but I think that's what they're trying to do.

In case that doesn't work, I have a motion to dismiss because the account was closed April 2000 and SOL in Texas is 4 years.

I don't think I should do a discovery for documents, since they say they have produced "the Contract", but they haven't. I shouldn't give them a chance to get anything else, right?

I also have my Experian report that shows they deleted that TL when I disputed it, which should show that it couldn't be verified. Could this help?

Do I need anything else?

I have the scheduling conference tomorrow, should I file the first motion to dismiss then or wait until the court date?

Thanks

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Your FIRST defense should be the expired SOL, that has more weight than the rest.

Overshadowing isn't specifically mentioned in the FDCPA, but it is mentioned in case law. You should not bring FDCPA violations as your defense in a lawsuit - save it for a counter-suit.

Your Experian report showing the TL was deleted won't hold much weight in a case where they are suing YOU to collect a debt.

Your strongest defense is the SOL - use it.

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I'm just a little afraid of the SOL, because I've heard of so many different ways to calculate it. Some say charge off date, some say last activity, some say the first time you go delinquent and never get current again. What I found in the Tx law was the date the cause of action accrues. I don't know what date the judge will think is correct.

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The chargeoff date is unreliable. More like DOLA ( if you made a payment) or teh date of delinquency. There is a Universal Data Form OC's and CAs use to report to the CRA and it has spaces for those dates. You can get it in discovery. Don't be afraid of raising teh defense. Part of your game plan is to put the plaintiff on his heels. Make them work, you gain some leverage.

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So we went to scheduling today and no one from their side showed up so we got to pick the court date. I'm wondering if them not showing up for scheduling gives any indication that they may not show up for trial? Or is scheduling just not important enough?

Thanks

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