Nuti4Law Posted October 12, 2010 Report Share Posted October 12, 2010 (edited) I must answer a MSJ ASAP. I am being sued by a JDB. I answered the complaintbut didn't answer to the request for admissions, interrogatories and requests for production. I didn't know how important theyare. I live in Arizona and they are using A.R.S. 12-548. In my answer I plead on A.R.S. 12-543. Which is the case. I just didn't know what I was doing. I have now found this site and realize what a fool I was. I need to answer the MJS and am hopingsomeone might know how to word my answer correctly so the Judge won't think I'm a complete fool.I was under the impression that the SOL starts after the last time I used the card which was 2/13/2006. Legal default was 3/13/2006 demand for full payment 4/12/06 and account was closed 8/14/2006. So the action started has run out. They are basing their case on when they aquired/purchased the account which was in Feb. 07. Edited October 12, 2010 by Nuti4Law clarification Link to comment Share on other sites More sharing options...
tigra Posted October 12, 2010 Report Share Posted October 12, 2010 Did you request Discovery from them? did they produce any documents or attached anything to the summons or their MSJ? Link to comment Share on other sites More sharing options...
vballchick Posted October 12, 2010 Report Share Posted October 12, 2010 SOL in AZ for credit cards are 3yrs. Looks to me that you are past the SOL if indeed this is a cc. I don't know the correct procedure at this point as I am learning the steps myself. The SOL should have been one of your Affirmative Defenses when you answered the complaint. If you don't list affirmative defenses, you don't get to use them later. JDB should be the easiest to disprove their case IMO.You can probably ask for dismissal or even file MTC private arbitration. If you give me a a little bit of time I will find out what else you can do. My brother has fought off 4 credit cards cases! Link to comment Share on other sites More sharing options...
vballchick Posted October 12, 2010 Report Share Posted October 12, 2010 By not answering these, it is the same as admitting. I would try and answer all of these anyway and send to counsel, answer sj and mtc private arb. Get it done now! Link to comment Share on other sites More sharing options...
FL4answer58 Posted October 12, 2010 Report Share Posted October 12, 2010 (edited) SOL in AZ for credit cards are 3yrs. Looks to me that you are past the SOL if indeed this is a cc. I don't know the correct procedure at this point as I am learning the steps myself. The SOL should have been one of your Affirmative Defenses when you answered the complaint. If you don't list affirmative defenses, you don't get to use them later. JDB should be the easiest to disprove their case IMO.You can probably ask for dismissal or even file MTC private arbitration. If you give me a a little bit of time I will find out what else you can do. My brother has fought off 4 credit cards cases!Agree what 'vballchick' said - if debt is SOL they are S.O.L.!SOL will stop SJ - when you still have controversy of facts - no SJ.The big question is - did you include such an argument in you answer - you affirmative defense? If not depending on your own states RCPs - quickly amend you answer to include the required SOL argument ASAP.Otherwise...you may be S.O.L. and forced to appeal.Always include evry option you may need in your affirmative defenses - and add any others as amendment - once you deem it necessary. Its best to cover everything then not have enough - for this reason. Edited October 12, 2010 by FL4answer58 Link to comment Share on other sites More sharing options...
Nuti4Law Posted October 12, 2010 Author Report Share Posted October 12, 2010 Yes I included A.R.S.12-543 in my answer. That is what I was planning on again using in my answer to SJ. This time stating Financial Group Inc. v. Deborah Walrod Link to comment Share on other sites More sharing options...
Nuti4Law Posted October 12, 2010 Author Report Share Posted October 12, 2010 They sent copies of statements, bulk bill of sale, copy of agreement (not signed). They subpoenaed Chase bank but only got back 5 months of statements and a different bill of sale. Link to comment Share on other sites More sharing options...
FL4answer58 Posted October 13, 2010 Report Share Posted October 13, 2010 Read the SJ Part 1 & 2 ...Although this is Arb thread it will help against the SJ.http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=304234 Link to comment Share on other sites More sharing options...
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