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I'm getting sued and need advice. PLS HELP!!


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I need an attorney to give me some advice. I'm being sued in Illinois and have already been to court (get this), THREE times and I'm going back to court at the end of this week for the 4th time. Let me apologize in advance if this posting is kind of long.

Was served with papers earlier this year to appear in court. I appeared and in court didn't remember having the credit card and I stated that to the judge who said who go out of the court room with the plaintiff to "discuss" it. We discussed and I still didn't remember having it. So the judge continued it for 6 weeks later by then I pulled up my credit report and found that debt on my credit report it showed I opened the account in July 2002 and it was paid in September 2002 and ultimately closed in February 2003.

Went back to court for the second time and Plaintiff did his spiel and when he was finished I pulled out my credit report which showed the debt was PAID in Sept 2002 and plaintiff's eyes nearly fell out of his head, and Plaintiff responded, "Yeah, but it was paid AFTER charge off" I stated, "before or after charge off is irrelevant counselor, operative word here is "PAID"

Judge continued the case for another 3 weeks so I can appear again for THIRD time so Plaintiff can verify info on my credit report. Came back 3 weeks later for THIRD TIME and judge was annoyed and stated to me "CREDIT REPORTS ARE NOT EVIDENCE!" Shocked by this, I said nothing but I thought, prospective employers use them, mortgage companies use them to decide whether or not to give you a loan why is it not evidence when it's in my favor? Then the judge CONTINUED the case AGAIN!!! I have to go back a FOURTH time! Obviously the plaintiff has no evidence and if he did I'm sure he would have revealed it. I do not have a canceled check to prove it was paid as it's four years old, but I doubt a credit card company would say I paid a bill if I did not. Do I have any recourse? I always thought the burden was on the plaintiff. How many chances does this guy get to "prove his case" when he has no proof? How many times will it take before the judge finally has enough and rules in my favor?

Please help. I'm going crazy with these court appearances.

Thank you in advance for any advice you can provide.

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do "discovery" on them, asking for proof of all their charges. What items do they use as evidence? Can you call your bank for a copy of the check? They have to keep those for 7 years. Also, what is the statute of limitations in your state? If you have the last payment as more than the SOL allows, you can have the case dismissed on that account. Try to answer the questions on the sticky "Before you post" so we can get a better idea of what is going on. Oh, and I believe that credit reports ARE evidence, but you may need a lawyer to qoute that. IF there are no other lawyers around here that can answer your questions, you could try some at www.naca.net of which I had success here in Texas. Some here on the board don't like those guys, but you asked for a lawyer, so here are some laywers.

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Thank you for responding. I didn't have a checking account at that time, unfortunately. I probably sent a money order and it being 4 years old, I didn't keep the money order receipt.

Also, I found out that the Plaintiff purchased this so-called "debt" in October 2003 and the FIRST letter (out of his mouth) was sent to me in December 2005!! I don't recall ever getting that letter (I could have just pitched it or never got it to begin with, who knows). Is that legal to wait OVER TWO years to do something about it? In Illinois our statute of limitations is 5 years on open accounts.

Thank you for the link, I e-mailed them asking for help.

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Also, I found out that the Plaintiff purchased this so-called "debt" in October 2003 and the FIRST letter (out of his mouth) was sent to me in December 2005!! I don't recall ever getting that letter (I could have just pitched it or never got it to begin with, who knows). Is that legal to wait OVER TWO years to do something about it?

Yes, unfortunately.

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Thanks admin.

I guess, I'll go back to court and keep my fingers crossed that the judge rules in my favor. A friend of mine told me if the judge were going to rule in the Plaintiff's favor she would have done it already, and not have me come back four times. Who knows. If this turns out I have to pay, I will be so angry because I probably already paid this 4 years ago and now I have to pay again. Not fair at all.

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When it comes to financial matters, it is not a good idea to trash things like money order receipts, especially when that is the ONLY proof you have that a bill was paid. If you'd had a checking account then the bank would still have those records. Now you have nothing.

What state are you in ? Is it possible this debt is beyond the SOL ?

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I agree you are 100% correct about keeping everything, but unfortunately I didn't. Thinking it's four years old, I didn't need it anymore, but i guess I was wrong. I live in the state of Illnois. Our SOL is 5 years. I already checked.

Thank you.

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