Nuti4Law

I need help with answer to MSJ

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I must answer a MSJ ASAP. I am being sued by a JDB. I answered the complaint

but didn't answer to the request for admissions, interrogatories and requests for production. I didn't know how important they

are. 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 hoping

someone 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 by Nuti4Law
clarification
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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!

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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 by FL4answer58
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