FIA Card Services lawyer filed motion to deny my request for dismissal

[jazz_nh]

In January, I received a writ for summons to NH Superior Court for suit against me by FIA Card Services for original Debt of a credit card by Bank of America total 4,500.

I responded with a motion to dismiss as a time barred debt (3 years for state of NH) and also for FDCPA violation as my credit report shows last payment being made in June 2009. I was quite confident that I did not make any payments in 2009 at all, and covered by the Statute of Limitations.

I have heard nothing from the court, but have received a copy of a letter that the lawyers sent in response to my motion, asking the court to deny my request for dismissal, and for an extension while the plaintiff determines the last payment made which they claim to be "on or around June 29, 2009"

I pulled out old bank statements, and confirm that there was certainly no payment made in June 2009, but did find that the last payment I did make was April 2009.

So, I at least still have FIA card services for incorrect reporting on my credit report and FDCPA violation since there was no payment in June.

How long does the court allow for an extension as the lawyer is asking for, do they have a time limit to respond as we the consumer did to respond to the writ ?

Since the case was filed in Jan 2009, and currently stil open, if discovered that the last payment was made in April 2009, that puts me inside of the Statute of Limitations.

Looking for any help and insight.

[kutuzov]

Not sure in your state, in Florida the judge will set a hearing date, and they need to have the documents by then, also if they show up the hearing day with the documents, you could ask to reschedule to examine the documents. But thats's Florida.

Someone that knows the rules in your state might chime in, but at least you got an idea what could happen.

[legaleagle]

Either way, you are within the SOL. They rarely miss the date, especially an OC. Extensions of time are usually 30 days. I doubt this will fly as an FDCPA violation, they can correct it and it doesn't make you look any better because the default was off by two months.

[jazz_nh]

Well, I received notice of Judgement from the court in the mail. The motion for dismissal was GRANTED due to no further motion received and based on SOL.

So apparently, the Lawyer did not send in their request to deny and for an extension was not received in time.

The Judgement letter does not indicate if the case was dismissed with or without prejudice. Will they creditor be able to open a new case against me ?