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Need Help For Case Management Conference


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This is my first post to this forum. I have case management conf. tomorrow and need advice. I am being sued by cavalry for car loan that my last payment was in 2002. I did answer complaint and got stupid form letter from cavalry, they did not answer anything about how they calculated debt, account histories, or anything I requested they answer. This case is very complicated because back in 2004 the car was taken for a judgement I owed for discover(since Paid) and it was returned to lienholder, I have no idea how much it was sold for. I stopped paying on car in 2002 and my credit record shows it was written off as charge-off in 11/02 I had never heard again from original creditor until I heard from cavalry. I know statue of limitations could be a possibility, what can I expect tomorrow, what should I ask? I am unemployed, they say I owe 7K . PLEASE HELP I can not afford lawyer. I sent my answer using this forum which I amvery thankful for

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Car loans for sales/leases are a special kind of written contract because the car itself is a collateral for the loan in case of default.

Each state has its own version of UCC (uniform commercial code), which is the law that deals with these types of sales/leases. In any case, the SOL under UCC is 4 years, so you should be ok. Read MA general laws Chapter 106.

http://www.mass.gov/legis/laws/mgl/gl-106-toc.htm

Have you considered a counterclaim?

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You need to specifically invoke your affirmative defense under UCC (Chapter 106, Section 2-725 of the General Laws of Massachusetts).

More than likely Cavalry is going for the easy default judgment, so as soon as they see they are going to have to work for it and get all the documentation they don't even have, they will drop it. Let them know you are considering filing a counterclaim for violations of FDCPA for attempting to pursue in court a time-barred debt.

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just returned from case management, lasted one minute. Atty seemed surprised I appeared, We both stood there atty said he had authority to collect settlement for 1/2 , I said I wanted dismissal because of sol. Magistrate asked me if I would settle, I said no, I wanted dismissal and he said I would have to get a lawyer and set pre-trial date. Atty stopped me as I walked out and said he was sent there at last minute and I should settle. I told him again no and asked if he had my payment history to see it was past sol and he again said he had no paperwork because of being last minute rep. Now I have pre-trial and don't know what to do, Should I call original creditor to see if they have payment history, on unemployment so lawyer will be almost impossible. How can I get this dismissed,my last payment was 7 years ago for car loan THANK YOU

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Did you file an answer? It sounds like you didn't.

You can't call the OC and ask for paperwork. I would file a request for production of documents (examples in the stickies above) as part of the discovery process.

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I did file answer on time couple of months ago thanks to this forum. I denied all allegations ans stated I would use sol as defense. They would not even really let me speak today, there was high profile case going on and was mobbed

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