Request for Discovery after Affirmative Defense?

[goodgrief]

In my answer, as an affirmative defense, I listed:

The plaintiff has not proven the debt was valid or the amount of the debt was accurate: The plaintiff must prove that the principal, interest, collection costs and attorney's fees are all correct, agreed to in contract, and lawfully charged. Nor has the plaintiff produced the written contract of the original creditor, account statements and purchase receipts to prove the amount of the debt.

Should I also request Discovery/Production of documents in addition so I'm not blindsided with whatever documents they bring to the Arbitration?

They produced only an Affidavit of Claim from the JDB. I've read that I can submit a Motion to Strike the affidavit as heresay since it's not from the original creditor but from an employee of the JDB.

Does this generally work?

I have the SOL expiration/Time-barred debt as an affirmative defense as well but I want all the tools possible to win this.

[nascar]

You're using statute of limitations as an affirmative defense. When was the last payment made on the account? Has the plaintiff offered up anything to indicate you've made a more recent payment?

[goodgrief]

The last payment was made in early 2007 and the SOL in NC (where the alleged debt was accrued, last paid on, defaulted on) is 3 years on open accounts and written contracts.

The Plaintiff has only provided the Affidavit of Claim from and signed by the JDB, nothing more.

Does anyone know if bringing an action after the expiration of the Statute of Limitations is a violation of the FDCPA in Oregon?

I have yet to establish residency in Oregon since I haven't found employment so am still a little surprised this is occurring.

[nascar]

You can be a resident of a state even if you are unemployed. How long have you "not been" a resident of Oregon? Was the statute in North Carolina expired before you began your move to Oregon?

If not, the N.C. statute is merely tolled, and you are most likely subject to the statute in your new state (absent contractual language to the contrary).

[goodgrief]

My questions were:

The Plaintiff's lawyer(s) produced only an Affidavit of Claim from the JDB. I've read that I can submit a Motion to Strike the affidavit as heresay since it's not from the original creditor but from an employee of the JDB.

Does this generally work?

Does anyone know if bringing an action after the expiration of the Statute of Limitations is a violation of the FDCPA in Oregon?

The SOL statement was not a question, I have that covered with the site moderator's help.

[nascar]

Motions to strike, in the context you are describing, are generally not successful. However, it's certainly a point worth arguing if you feel the document is not admissible, but rather than argue that fact based upon the required elements of a motion to strike, you'll likely have more success pointing out that the document is inadmissible under the rules of evidence.

If you think I'm focusing strongly on the SOL, you're right. It's not as sexy as stuff like motions to strike, but it will get you a win a whole lot quicker. If it's there, use it!

And regarding the bringing of an action after the SOL has expired, regardless whether it's a violation or Oregon law, it is a violation of the FDCPA.

[goodgrief]

Thanks for the information Nascar... I plan on using the SOL as my first defense but wanted other ducks in a row in case the arbitration judge doesn't see it my way.