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Help with Admissions


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I'm stumped on how to answer these admissions. My affirmative defense is SOL has expired.

1 - Admit that you are in default of your credit card agreement on account number XXXX.

2 - Admit that you have steadfastly failed and refused to pay Plaintiff on account number XXXX.

Another confusion that I have is, if I am claiming SOL defense then I'm saying the debt is mine but it can't legally be collected on, correct? If so, then how do I answer 1 & 2 w/o hurting myself? Law is tricky!!:?

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You have hit on an interesting issue. If you believe the SOL has run, there is nothing wrong with freely admitting the debt. It takes the courage of your conviction to do so, hoping the cse is clear enough for the judge to support you.

However, here may be an out. Admissions are not devices used to shortcut proof, and the plaintiff has the burden of proving you in default. if you denied the allegations, you can say you object to 1 & 2 as they call for conclusions of ultimate fact regarding a point on which issue has been joined. Without conceding any fact, you add that you have denied the same allegation in the answer, and you deny them now as well.

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You have hit on an interesting issue. If you believe the SOL has run, there is nothing wrong with freely admitting the debt. It takes the courage of your conviction to do so, hoping the cse is clear enough for the judge to support you.

However, here may be an out. Admissions are not devices used to shortcut proof, and the plaintiff has the burden of proving you in default. if you denied the allegations, you can say you object to 1 & 2 as they call for conclusions of ultimate fact regarding a point on which issue has been joined. Without conceding any fact, you add that you have denied the same allegation in the answer, and you deny them now as well.

I'm going to use my CR as evidence that SOL has expired. Should I NOT do this? Again, it goes with what I stated earlier, my CR will prove the debt is mine but also show SOL has expired. I do believe I have a clear case. SOL in my state (GA) is 4 yrs. Even if they try for 6, it too has passed. I dk if you remember an earlier post of mine about this, but I'm going to answer their discovery and issue a MSJ with SOL as my defense. This was also listed in my answer. Unless I'm wishful thinking, I just don't see how I can lose.

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I think , for purposes of a motion, you could use the CR to prove the DOLA. THe plaintiff would be hard pressed to object to it, since it or the OC posted it to your account. THey could come back with evidence of payments, statements. etc, which may raise a question of fact. I wouldn't rely on a CR at trial, but in a motion I might use it with your affidavit where you say you haven't done squat to this account in 4+ years.

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I think , for purposes of a motion, you could use the CR to prove the DOLA. THe plaintiff would be hard pressed to object to it, since it or the OC posted it to your account. THey could come back with evidence of payments, statements. etc, which may raise a question of fact. I wouldn't rely on a CR at trial, but in a motion I might use it with your affidavit where you say you haven't done squat to this account in 4+ years.

Well I guess it's a good thing no payments have been made since Aug 2000! So HA! Plaintiff!!

I guess another tactic would be to state that last payment on the account was in Aug 2000 and put that in my affidavit?

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I did some digging today and found a letter from Cap one stating that my acct was 120 days past due and about to be charged off. It was dated Jan 01. Can I use that to help support my defense of SOL? If I can, should I state that I have it in my answer to the prod. docs papers? Should I also use it in my MSJ along with my affidavit that no payment has been made since 08/00?

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