Response to Motion to Enter Default

[joem]

I received from credit card collection lawyer a Motion to Enter Default, and Order Vacating Dismissal.

The original Summons and Complaint was served to me 4 and ½ years ago, which I did not Answer.

I assume the case was dismissed for lack of prosecution. (They did not enter default at that time)

My credit report shows this account was closed 6 and ½ years ago, and is scheduled to be removed from credit report this month (July 2008).

The credit report shows balance approximately ½ of what they say on original Complaint.

This motion is beyond the 6 year statute of limitation, and they misrepresented amount owed.

Should I respond to this motion now, and what do I need to say ?

Or wait until they try to get Default Judgment ? (They may not be able to get Default Judgment because this account was purchased twice and they may not have documentation.)

If they are in violation of State and Federal Debt Collection Statutes, should I pursue those options ?

[Recovering Attorney]

Go to the court and get copies of everythng.

Your argument is that they are too late to enter the default and they have no adequate reason to excuse their dilatory conduct.

I'd have a lawyer help you with this as it is a legal argument. The SOL and FCRA have nothing to do with this.

[mandydm318]

In my state, if the plaintiff has made no action in 12 months then the case is dismissed. Check your rules of civil procedure and see if there is a rule such as that.

[joem]

According to State Rules there is a 6 month time limit and dismissal of inactive civil cases.

That is reason they are asking for Order to Vacate Dismissal.

In subsequent written correspondence, the collector lawyer asked for payment, and if I did not agree with the balance to forward to them documentation to correct the amount owed.

Thats why I believe they don't have supporting proof of debt, and could not get Default within required time.

I have never responded to their written or telephone call messages.