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Going to Court 11/15/05, any advise will be appricated...

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Midland Credit, SOL 5/2001

5/6/05 Requested DV with Green card

5/30/05 Rcvd Summons dated 4/08/05 but nvr DV(Green card signed)

6/22/05 Filed the ANSWER in court with Green card

7/15/05 Received Interrogatories & Sdminssion

8/15/05 Mailed denied Interrogatories & Adminssion with green card

8/27/05 Rcvd letter from the Attny that they never rcvd Interrogatories & Adminssion & i have received the Green card signed

8/29/05 Mailed copies of Interrogatories & Adminssion with green card

8/31/05 Green card was signed

My court date 11/15/05, what document I shld take with me & what deffence i should be presenting in the court. The SOL- last activity on 5/2001 but the SUMMON was filed 4/2005.

Any suggestion will be greatly appreciated!!!!

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If you were sued in small claims court then simply show up and present your defense which is likely to demand proof that you owe the debt and raise the affirmative SOL defense.

If you were sued in the limited jurisidiction division of the superior court then will have to conduct a trial defense and cross-examine the witness and/or attack Plaintiff's evidence.

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Did you file defenses and counterclaims with your answer? If so, did you use the SOL defense? Did you serve interrogatories or any discovery on them.

I would say if you have proof that your last payment was made in 2/2001, then when they filed the suit, it would be out of SOL. I would take that proof with me to the court. Then you would have to motion for summary judgement based on the fact that the SOLC has passed. If CA says SOLC has not passed, demand strict proof of this.

You need some of the experts to chime in here as well.

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Actually, it appears that all 3 reports at least imply that the DOLA was prior to 4/2005. EQ says DOLA was 3/01...EX with charge off at 10/01 means DOLA was 6 month earlier (4/01 at the latest)....and TU showing date closed at 5/01 implies account was at least 60 days late then.

I'd certainly take all the reports to court....

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OP: I would take the hardcopies of my CR showing the dates you mentioned, the proof the last payment was made 2/01. If you have proof they filed the summons 4/05 to show that they filed past the SOLC.

Your affirmative defense would be SOLC has passed. Motion for summary judgement based on that.

If CA says different on the SOLC, demand strict proof of this. I would also make sure I look over any documents they present to the judge as well.

Do you have your rules of civil procedure?

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Im not sure on this rules for the civle procedure.

I just got back from the count, the other party didnt showup.

The Judge recheduled for 3/3/05 & without any jury.

He provied pre trial & Trial requirements one for me & one to serve other party.

Please advise what would my next steps once i serve the doc.

My understanding that if the other party doest showup it will be close case.

Why i have been reschedule????

Any advise will be greatly appreciated!!!

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You may have been assigned a trial date of 3/3/2006. Every california county court has individual local rules. Quite possibly, the limited jurisidiction jurisdiction at the first case management conference simply sets a court date.

You need to read the Nolo Press book :

Sue in California without a lawyer

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