Jerky Posted February 25, 2007 Report Share Posted February 25, 2007 Back in Nov. '06 I received a Court Complaint filed by a CA, that I've never heard of, in Sept '06. I promplty responded to the Complaint stating that I don't know who these guys are and that I've never heard from them before. At the same time I also DV'd the CA and their attorney's. I got my green cards back from the court, the CA and their attorney's shortly thereafter. At the end of Nov I still hadn't heard anything so I called the court. They told me that I would have to wait until the Plaintiff responded to the Complaint. Well, here it is almost four months later and still no response from the Court or from my two DV letters.Questions:1. Since this is only a Complaint and not an actual suit would this hold up the SOL? The SOL expired in Oct '06(crap!).2. I'm sure the CA doesn't have the required proof, which is probably why they have'nt moved on this. Is there a time limit for responding to an answer to a Complaint?3. I'd like to get the Complaint dismissed, if possible, but on what grounds would I argue to dismiss? I already stated that I didn't know these guys in my response, and they have'nt refuted that or included any actual evidence in their original complaint, so what more can I say? Link to comment Share on other sites More sharing options...
qtptute Posted February 25, 2007 Report Share Posted February 25, 2007 Questions:1. Since this is only a Complaint and not an actual suit would this hold up the SOL? The SOL expired in Oct '06(crap!).2. I'm sure the CA doesn't have the required proof, which is probably why they have'nt moved on this. Is there a time limit for responding to an answer to a Complaint?3. I'd like to get the Complaint dismissed, if possible, but on what grounds would I argue to dismiss? I already stated that I didn't know these guys in my response, and they have'nt refuted that or included any actual evidence in their original complaint, so what more can I say?#1- Depends- If the "complaint" was filed in court, then its a lawsuit, filed "timely" (assuming the SOL was not already blown.) If it was NOT filed, the SOL was blown, and filing it now would violate the FDCPA (assuming its a consumer debt) See: 15 USC 1692e[2], Kimber- ND Ala, Freyermuth-8th Cir (I think).#2- Move for Summary Judgment, on the grounds that there is no proof that you owe the debt. THIS IS BEST DONE BY A LAWYER WHO KNOWS HOW TO USE THE RULES OF EVIDENCE OF YOUR STATE. You will need to support this MSJ motion with some evidence, like an affidavit, or responses to Interrogatories, Request for Production of Documents, and Request for Admissions (see your states equivalent to FRCP 33, 35 and 36 and your rules of Civil Procedure as to what you can do) They do not need to respond to the answer. You need to do some discovery and go on the offensive. THIS IS BEST DONE BY A LAWYER WHO KNOWS HOW TO USE THE RULES OF EVIDENCE OF YOUR STATE. #3- Argue SOL, failure of consideration, lack of proof of assignment, laches (equitable SOL), no evidence, not yours, no proof, unclean hands, and anything else that might even vaguely apply. THIS IS BEST DONE BY A LAWYER WHO KNOWS HOW TO USE THE RULES OF EVIDENCE OF YOUR STATE.In most locals, a local consumer protection lawyer can do this for low or no cost, and get paid by the debt collector and/or their attorney.I HIGHLY recommend that you visit www.naca.net/db.php3 and find a FDCPA or Debt Collection lawyer near you. They will consult for free, and discuss how they can help you.Alternatively, if you qualify for legal aid, go talk to them, and they may be able to help, or refer you to someone who can. Link to comment Share on other sites More sharing options...
IHateCAs Posted February 25, 2007 Report Share Posted February 25, 2007 You can dismiss on inactivity grounds. Your state statutes will have a time limit for them to proceed with their case. Usually 6-12 months. If they do nothing for 6 months (for example), you move to have the case dismissed.Of course, they technically can't move forward with the case anyway if your DV was timely. Catch 22. Link to comment Share on other sites More sharing options...
Jerky Posted February 25, 2007 Author Report Share Posted February 25, 2007 These guys never sent a collection letter before the complaint, so I DV'd them as soon as I received the complaint. I waited till I got got my green cards back from them before I sent in the answer to the Complaint.I can't find any time limitation statutes for complaints in NY laws. I'll call the Court this week and ask if there is a time limit. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted February 26, 2007 Report Share Posted February 26, 2007 they are probably oiling up a summary judgment motion Link to comment Share on other sites More sharing options...
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