Tootsie88 Posted March 30, 2011 Report Share Posted March 30, 2011 Hello All:I just got back from court re: motion to vacate judgment. The judge asked the plaintiffs attorney, where is the process server? His reply was, he is supposed to be here. The judge said I'll give you until 12 noon, if the process server isn't here by then, I will dismiss the case.In the meantime, the plaintiffs attorney asked to speak with me. I said sure, he asked if I was interested in settling the case? I said what case? You have failed to provide me with a contract bearing my signature. He then asked, did you ever own a At&t credit card or Wireless account? I simply said, if you don't know what type of account your suing me for then why are we here?Again he asked, so you're not interested in settling? I said again prove I own the debt first and I walked away. The judge asked us to come before her again and said to the plaintiffs attorney, no process server? He said no and asked for an application to have the traverse hearing adjourned until JUNE 17. (In my order to show cause, I stated that the process server indicated physical characteristics that did not fit my physical description and I went on the state that: my skin color was not black and my hair color was neither the same.)The judge looked at me and said, do you have a motion, I said yes, to dismiss. She's took one look at me and then looked at the plaintiffs attorney and said: She's here and you're here and she doesn't look black to me, case dismissed.Now my question is, will the plaintiffs initiate another complaint? Mind you, this account is over 10 years old. Also, can I sue them based on the judges decision to vacate and dismiss the case? Any assistance would be greatly appreciated!Thanks! Link to comment Share on other sites More sharing options...
diamonddan73 Posted March 30, 2011 Report Share Posted March 30, 2011 What is the SOL in your state for this type of debt? If it's past the SOL I would write a letter CMRRR letting them know that the account is SOL and they WONT win but you will counter sue and WIN. Remeber since the case was dismissed, their is no tolling so the SOL is from the date of last delq. Link to comment Share on other sites More sharing options...
Tootsie88 Posted March 31, 2011 Author Report Share Posted March 31, 2011 Ok for new york it's 6 years for credit cards and 2 years for cell/communication devices. The date of delinquent is 7/2000. When they first initiated the suit it was SOL (2005) and it's now 2011 so I guess they're out of luck! However, I was wondering can I sue them based on the fact that they knowingly filed a suit that was SOL?? I think I read that somewhere on here. Can't remember.Anyway, I'm going to wait and see. I have my answer and motion to strike all prepared. Then I'm going to hit them over the head in the SDNY and hopefully that will put them to a stop once and for all.Thanks again. Link to comment Share on other sites More sharing options...
hopefulscambeater. Posted March 31, 2011 Report Share Posted March 31, 2011 Congratulations! Link to comment Share on other sites More sharing options...
Tootsie88 Posted March 31, 2011 Author Report Share Posted March 31, 2011 Many thanks! Link to comment Share on other sites More sharing options...
rockyfrank Posted March 31, 2011 Report Share Posted March 31, 2011 Yay! Congrats! Link to comment Share on other sites More sharing options...
Linda7 Posted March 31, 2011 Report Share Posted March 31, 2011 Great job!! Congratulations!! Link to comment Share on other sites More sharing options...
Tootsie88 Posted March 31, 2011 Author Report Share Posted March 31, 2011 Thanks guys, I'm sure I'll be back on here crying bloody murder when and if they re-litigate. But I have something for their asses hiding in the cut.Couldn't have gotten this far with you guys!xoxoxo Link to comment Share on other sites More sharing options...
admin Posted March 31, 2011 Report Share Posted March 31, 2011 Congratuations! Link to comment Share on other sites More sharing options...
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