dustysmom 10 Posted December 16, 2008 Report Share Posted December 16, 2008 I posted a while back. I still need some help.Court date is 12/30/2008I have a credit report cap one is listed but i do not see a listing that say date of last activity, i have date opened, reported since, last reported , date of statusi do have an account history and it says 180 days DEC 2003. And my sol is 4 yrs. Should i contact cap 1 lawyer to see what they have and if so how do i go about doing this.? I contacted the courts and i was told that i needed to bring 3 sets of exhibits if i had them and that my exhibits could not be from websites. I've not heard from cap 1 lawyers at all.How can i tell if they are allowed to practice in Pa, the lawyer has an addy of Nj. Link to post Share on other sites
swirlgirl 797 Posted December 16, 2008 Report Share Posted December 16, 2008 You need to research the discovery process. Link to post Share on other sites
notagain 10 Posted December 18, 2008 Report Share Posted December 18, 2008 I am assuming you have no records... If you did, you could use them.Can you contact cap 1 and see if they will send statement of last activity? It sounds out of statute. Why not send a letter of admission to plaintiff, and ask him to admit it during discovery. Ask for all records showing activity. If they don't produce, move to compel. If they still don't, or what they produces makes your case, move to dismiss. My 2 cents...notagain Link to post Share on other sites
dustysmom 10 Posted December 30, 2008 Author Report Share Posted December 30, 2008 I won .. I arrived at court at 1245 and signed in, small claims court was very busy. Case was scheduled for 1pm. At 130 i asked how much longer was told i was next. At 130 the judge called me into the office and said that a judgment would go against them as they had not shown up and that they had 30 days to appeal. So he said for now that I won. He said that i would be getting paperwork in the mail and to keep that paperwork forever. He said that more then likely they would not appeal. He said if they did i would be notified. Link to post Share on other sites
henry1018 10 Posted December 30, 2008 Report Share Posted December 30, 2008 Congratulations!! Good for you! Link to post Share on other sites
notagain 10 Posted January 1, 2009 Report Share Posted January 1, 2009 Way to go, Dustysmom!!!What did you do in terms of filings, etc.?Congratulations,notagain BTW, you should post in the 'Hall of Famers', telling about your story Link to post Share on other sites
dustysmom 10 Posted January 2, 2009 Author Report Share Posted January 2, 2009 When i got the civil summons i called the court and told them i wanted to defend the case. They told me to disregard the date and time listed on the summons and that a new date and time would be mailed out to me with instruction on what to do. I did not file anything with the court. Then i found this board and did a bunch of research. I'm a little upset that i could not present my case, as i did a lot of research last week and stayed up late the night before getting everything in order. I'm hoping that there is not next time but If I'm ever sued again by a creditor i will file my answers to their questions and also counter sue them. Link to post Share on other sites
notagain 10 Posted January 2, 2009 Report Share Posted January 2, 2009 When i got the civil summons i called the court and told them i wanted to defend the case. They told me to disregard the date and time listed on the summons and that a new date and time would be mailed out to me with instruction on what to do. I did not file anything with the court. Then i found this board and did a bunch of research. I'm a little upset that i could not present my case, as i did a lot of research last week and stayed up late the night before getting everything in order. I'm hoping that there is not next time but If I'm ever sued again by a creditor i will file my answers to their questions and also counter sue them.You Go Girl!notagain Link to post Share on other sites
jessc 10 Posted January 2, 2009 Report Share Posted January 2, 2009 Just be careful. Pretty much the same thing happened to me and they did appeal. Now I am trying to figure out exactly what to do. I have only 20 days to answer, I think I know what to do, I can't afford a lawyer, so I am doing it pro se. They had nothing the first time, unless they somehow dug up something, but the statute has run out on mine also. Anyone with any ideas ? Link to post Share on other sites
notagain 10 Posted January 2, 2009 Report Share Posted January 2, 2009 Just be careful. Pretty much the same thing happened to me and they did appeal. Now I am trying to figure out exactly what to do. I have only 20 days to answer, I think I know what to do, I can't afford a lawyer, so I am doing it pro se. They had nothing the first time, unless they somehow dug up something, but the statute has run out on mine also. Anyone with any ideas ?Make sure you can prove SOL, research this site for SOL defenses and use it. It is the best, iron clad defense you can have.notagain Link to post Share on other sites
