PellMel Posted November 26, 2009 Report Share Posted November 26, 2009 Hi everyone. Recap on my case: JDB is suing for time barred debt. I have answered in time (including affirmative defenses) and have filed my initial disclosure stmt and sent them rogs and prod of docs, etc. They sent me initial disclosure and rogs and prod of docs about a week ago.In reading their disclosure stmt they are basing on the OC extended credit and my debt is subject to the terms of agreement. Defendant failed to make min monthly payments to OC and was sent reg billing stmts and I did not dispute as req by terms of agreement. Based on the terms of agrement I am obligated to pay the plaintiff. The legal theories which their claim is based they say is theory of open acct/acct stated and/or contract (implied or expressed).Ok, so they have provided no terms of agreement, no billing stmts or anything. In fact, they have asked for these copies in their discovery requests to me. The last credit card of any kind I had was in 2004 and that is when the last payment of any kind was made. I have no records of this at all. My CR states my last payment on ANY credt card was Aug 2004.What are they doing here? They have given me discovery but do they have anything? I know I am asking for a guess at what they are thinking but any insight as to what these people are doing would be helpful. Since this is my first time at this I don't know what is usual for these crazy people. I guess they were hoping for a default.ANy opinions? Link to comment Share on other sites More sharing options...
Baggins Posted November 26, 2009 Report Share Posted November 26, 2009 Why not file a motion to dismiss based on expired SOL?Do that, then sue them for bringing a suit against you for a time barred debt. Link to comment Share on other sites More sharing options...
PellMel Posted November 27, 2009 Author Report Share Posted November 27, 2009 I was told that I couldn't do a MTD after I filed my answer. I need to file this motion before an answer and then wait for an answer and if not granted file my answer. Although I was running out of time and didn't want to not answer.Just seems kind of ridiculous to waste this time but I'm sure they don't see it that way. Link to comment Share on other sites More sharing options...
KentWA Posted November 27, 2009 Report Share Posted November 27, 2009 You can do a MTD after filing your answer. Some people chose to file the MTD before answer, Some file it with the answer, others afterwards. Most judges want to be able to dispose of cases as quick as they can, so will entertain an MTD very early. Link to comment Share on other sites More sharing options...
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