Went To Court on Summons: Need further Help

[SkyBlue]

Hello's

I received a summons to go to court over a debt that figured to be time barred. I went to court this morning & told the prosecuting attorney the debt was time barred. The attorney froze & told me he did not have the Missouri SOL infront of him & could thus not confirm my charge. He suggested he extend my court case by 3 weeks while we try to work this out & that is what happend.

Here are my questions as i prepare my rebuttal.

When does one start to count the SOL? In my summons letter i have a Charge of Date by original creditor of 12/06/1999. Does the SOL start ticking then? Or is it when i defaulted on the Account. How is this calculated?

Secondly, The attorney made a comment that made me think of this board. He was not sure he could get the original records from the Original creditor to prove or disaprove my SOL claims. Can i send a DV to this CA as a means of getting them off my back & thus dropping this case?

many thanks.

B

[Recovering Attorney]

You can do this ( and I would make a written answer and serve it on the atty and teh court).

The SOL would run from the last time you paid on it. If teh Charge-off date is past the SOL, go with that.

Then, deny this is your debt and that the case is barred by the statute of frauds, that is, they have to show paper with your signature on it to prove you owed it. At this point, it is not your job to prove your denial, he has teh burden to show yo borrowed this money.