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Question regarding a lawsuit against DH

Quick recap of case: CA lawyer served my DH on Jan. 10, 05 for a debt from PRA, original creditor Citibank. The first contact from this lawyer was on Dec. 28 with a phone call asking DH to contact them. Hearing was scheduled for Feb. 4, 05.

1. First off, debt is past SOL in Missouri (5 years) according to their own wording in summons (Quote ”Citibank provided goods ….from Aug. 1, 1994 to May 6, 1998”). When returned answers to court, DH’s affirmative defense stated time-barred by SOL.

2. Plaintiff’s address on summons was incorrect. On her petition she signed and put in a different address, which was the correct one. So, when we sent her a copy of DH’s answers, we had to send CMRR to both addresses, only to find she did not work at the address on the summons, (returned, unsigned). This wasted about 8 days time.

3. Sent her a DV request at the same time, but have not heard anything from lawyer yet, it's been 15 days. We asked for complete validation. We also sent her a copy of the SOL rules for Missouri.


A.Judge’s answer to hearing was to reschedule for 3/4/05. Quote” Reset for Settlement 3/4/05” What does this mean, settlement?

B.Do I send interrogatories/discovery to lawyer even if I have already asked for DV?

C.How long should I wait for answers to DV?

D.What is my next step? Can I file a motion to dismiss since the debt is past SOL?

Any Help is Appreciated.

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A few things. SOL begins running when there is a "cause of action", which means that when the account went delinquent and stayed that way, the SOL begins running. Some events can delay that, it can get complicated. Be sure that the DOLA is outside of the 5 year window. File for dismissal on SOL grounds.

There is usually a pre trial settlement conference. That is probably what the set for settlement note is. You can call and ask the clerk, they will usually tell you.

I would get all of my discovery, DV or not.

I would also not worry about an incorrect address for the other attorney. IANAL, but I would think that sending answers to the address listed on the court papers would relieve you of any obligation to find the plaintiff. Any takers on that one?

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I have a copy of a credit report from 4/2001 showing the account status as of 5/1998-charge off for Citibanck through PRA. I have not made any payments to any collectors on this account since it went delinquent with citibank. So the SOL is up, past the 5 year limit for MO. The account isn't showing on any current credit reports.


1. Should I file for dismissal first or do discovery and wait for their answers before filing for dismissal?

2. Where can I find samples of letters for discovery and dismissal forms?

Thank you.

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