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Suit filed on debt beyond SOL. Judge sent to Mediation.

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The facts:

Dunstone Financial on behalf of Gateway Computers is suing me.

Amount: $1,500 + $500 legal fees.

I was served with a Civil Suit in Feb '07 - 14 days after I sent a VoD request 14 days prior (which I never received a response).

No cooresposndance with them prior to my request for VoD.

State is Arizona.

Dunstone Financail themselves has made an entry in my Credit Report listing this as an "open" account, Date of Last Activity 6/03.

I responded to the Court that this was beyond SOL and that Dunstone had not responded to my VoD.

There was no evidence with the Summons other than they claimed I owed them money.

The Court responded today that the case was being sent to Mediation. What is my best approach since this is beyond the SOL by 9 months?

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Sale of a computer would be a contract for the sale of goods in writing or not. Dunstone is a JDB, so allege assignment defenses as well.

Looks like you'd be within a 4 year SOL though, or close to it.

Depends on your state's definitions. Not all states use the wording of the UCC

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Dunstone lists the account type as "open" and AZ law states open accounts have a 3 year SOL. There is no written contract.

Is it better to try and stick with this or call Dunstone and try and settle as they realize there is a risk as well? By settling, I do have the option of getting this cleared from my CR.

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The meat is:

8. On or about 3/24/01 Defendant entered into a contract with GATEWAY, supported by an offer and acceptane and valuable consideration, whereby GATEWAY agreed to provide DEF with credit, and DEF agreed to pay balance, including accrued interest, of the credit extended pursuant to specific terms.

9. The terms of the agreement between DEF and GATEWAY allow DEF to be charged with int at rate of 10% per annum on any outstanding balance, and with atty fees.

10. DEF has breached the terms of the contract with GATEWAY and there is currently a balance due and payable by DEF as follows: Princ of $1555 and Pre-suit int of $489.

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As an add-on to the possibility of this being a 4yr SOL - Dunstone is the one who entered onto my CR the Date of Last Activity as being 6/03. When I first saw that I knew is was incorrect, but didn't care because I was sure the SOL was 3yrs. The actual date of Last Activity would be no later than 10/02, which would be well beyond 4 yrs. I know that because I was remarried in 10/02 and my husband's company had just gone bankrupt and we had to stop paying.

I am filing a dispute with all 3 CRA's today to dispute that entry.

Is this a good thing to do? Any other suggestions?

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As another update, I just went back through my CR and noticed where the CA prior to Dunstone lists the Date of Last Activity as 12/02 for the same amount of $ in principle, proving Dunstone is incorrect and it is past 4yrs on the SOL.

Should I point this out to Dunstone now and try to settle for clear CR or wait for mediation, then do it?

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