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Answered Summons...Whats Next?


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Yes, you can also notify the plaintiff that the account is pass the SOL and for them to dismiss the case in "good faith" to avoid sanctions. If not, file a motion to dimiss based on SOL.

So that brings up another question. Is the fact that the are suing when the accounts are past there SOL a violation of the FDCPA? Does anyone have links to template or samples of letters asking for dismissal? Would I send the same letter to both the courts and the CA? I would rather not phone the CA for fear of r-aging the loan.

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After you answer the summons, discovery process begins. You ask for info from each other with Interrogatories, Request for Documents, and Admissions. All this info can be used when you go to trial. So, I'd suggest to write the plaintiff and explain or give proof that the lawsuit is time barrred and that they dismiss it immediately. Send via certified mail.

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