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Oklahoma-When to play the SOL card?


Okie
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I have been sued by a junk bond collector. I have filed with the court a letter of "not mine" and request for validation. Thru lots of research and backup info from this site, I have determined that the SOL is past. However, some Oklahoma courts are saying CC is written but with the TILA and the CR showing original creditor states account is revolving, it should be 3 years. Now, do I have to wait for court to bring up this info with a motion to dismiss with prejudice? Or can I add an addendum to my original letter thru the court again, pointing out the SOL and asking for a dismissal? I am also working on the validation defense but I am so scared to go to court alone and it is a long wait for legal aid. I don't want a judgement because of a legal tech that I missed. No court date yet.

Okie

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I have been sued by a junk bond collector. I have filed with the court a letter of "not mine" and request for validation. Thru lots of research and backup info from this site, I have determined that the SOL is past. However, some Oklahoma courts are saying CC is written but with the TILA and the CR showing original creditor states account is revolving, it should be 3 years. Now, do I have to wait for court to bring up this info with a motion to dismiss with prejudice? Or can I add an addendum to my original letter thru the court again, pointing out the SOL and asking for a dismissal? I am also working on the validation defense but I am so scared to go to court alone and it is a long wait for legal aid. I don't want a judgement because of a legal tech that I missed. No court date yet.

Okie

In Oklahoma, the statue of limitations for written contracts and promissory notes is 5 years. The SOL for oral contacts and open ended accounts is 3 years. Credit card payments are open ended accounts. I see that you are sending information to the courts...did you ever DV the collection agency? The DV sample letters on this forums have information on verifying whether or not a debt is SOL. I know that court seems scarey but if you have all of your information and you're respectful to the judge, you will be amazed at what happens! :twothumbsup: I have gone to court for myself and with others who have had help from me and we have all won our cases! It takes a little hard work but it paid off. I keep detailed records of everything! Give us some history on your account so we can assist you further! xbeer2)

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I have never pulled my CR before I was served. My CR shows 2 accounts opened in March 2002 and last payment in Dec 2002. Although, they also show date reported as Feb 2007 by the one company that has filed suit. I answered the summons and filed it with the court immediately and then sent a reg copy to plaintiff's attorney that said, "I do not owe this debt for which this petition refers. I request that plaintiff's attorneys furnish me all the information in accordance to FDCPA by registered letter immediately." That was a week ago. Since then, I have learned about the SOL and am not sure when or how I can use it to block a judgement. I have read that some Oklahoma judges are calling CC debt as written but I am not sure where to get documentation to those statements. I don't expect to get much info from this firm as others sued by them have received just about what you can see on the CR. I have no idea how to file a petition to dismiss with prejudice(so they can't refile) and have been unable to find anything online. Also, I have been unable to find a form for a defendant to petition for "Request for Production of Documents" ie the sig card and original charges. I know that one little wrong filing could get a judgement when I really believe the SOL is past.

Thanks for your help!

Okie

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