dpdubya Posted May 1, 2007 Report Share Posted May 1, 2007 I am being sued by a national collection agency...begins with U....anyway...they claim to be the assignee of BANKX..At my first appearance, since the complaint that was served was so vague...I entered a sworn denial....it went roughly like....I deny that this is my debt. I further state that if this is my debt..I deny that it is a valid debt.... I also state that if this is a valid debt...I deny that the sum of $000000 is correct and true. I also deny that I have an obligation to pay plaintiffs attorney feedI also entered a discovery request for all evidence...and a copy of the contract between COLLECTIONU and BANKX... So 45 days later I get in the mail 3 seven year old bank statements form BANKA and BANKB...They show that I am current and the balance is 1/2 of the amount that I was being sued for.....The deal is this BANKB swallowed BANKA.....then eventually BANKX swallowed BANKB.... They have yet to produce any document that links me to BANKX or any document that links BANKX to BANKA or BANKB....So this past week after nine months...the judge denied my motion to dismiss, but demanded that the plaintiff provide the contract between BANKX and COLLECTIONU.... and we go to trial next month....The new attorney on the plaintiffs side tried to tell me that the staute of limitations is ten years....but it is not...this is an "open account" and it is five years....I am still nervous...but I do not see how, with the evidence that has been provided I can lose..The statements are seven years old, show me being current and are from an entirely different bank than the one who assigned COLLECTIONU to sue me.and as of yet...I have not recieved the contract the judge orderedSo give me your thoughts..... Link to comment Share on other sites More sharing options...
Guest Jary Posted May 1, 2007 Report Share Posted May 1, 2007 Well I am pretty new at this myself, but I say that if the SOL is 5 years stick to that and make them prove you wrong, also it is their job to prove that the account exists not your job, so I say deny everything and as them for strict proof of the account information. I presume since they have not sent you any information that they do not have it. Is this in small claims or civil? IF in civil did you ever file Discovery with them? POD, Interrogatories, Admission??Hope that it works out for you, it seems since you already went infront of the judge and they had no evidence, that maybe you will win this one. Link to comment Share on other sites More sharing options...
dpdubya Posted May 1, 2007 Author Report Share Posted May 1, 2007 i did file a request for discovery...I am cannot see how they can with the evidence they have.... Link to comment Share on other sites More sharing options...
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