Recommended Posts

Ok I had posted earlier in Nov.

I'm being sued in small claims court by Cap 1.

The new hearing date is 12/30/2008 at 1pm.

On the complaint that i received its says

1. Defendant owes Plaintiff the above sum of xxxx.xx

2. Breach of Contract on credit card xxxxxxxxx

3. Money due and owning on the account stated

4. Money due and owning on an open book account

5. Reasonable vale of goods sold and delivered and /or services rendered and unjust enrichment's.

I've called the court and told them that i would enter a defense and that is why i have the new court date.

My defense is going to be the SOL -I'm in Pa so my sol is 4 years.

What i need to know is how do i go about doing this.

Do i just say this is a dead debt as the sol is 4 years?

Should i have proof with me that the sol is only 4 years and where would i find that proof -I found the sol on this website but i doubt the judge would allow a print out from a website.

I've got some old credit reports and the card is list on them but they really donot give me that much info. How can i find out the date of last activity?

Any help would be greatly appericated.

I've read the paperwork that came from the court and it states that i need to furnish 3 copies off all evidence.

Share this post


Link to post
Share on other sites

Just remember, SOL is an affirmative defense. The burden of proof to show that no payment has been made and that the statute has run is on you.

Share this post


Link to post
Share on other sites

You need to look up and cite the specific statute and case law. Here is a start Tit. 42 §5529(B); 5525(8); Tit. 42§5525(3)

Share this post


Link to post
Share on other sites

I know cap 1 has the choice of law in the contract will that work in Ga. Judge in a friends case said it did not apply because the agreement was made in Ga. and not Va.

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.