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Filed a Motions to Dismiss in PA?


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In August of last year, I got served with a summons by Apothaker representing LVNV Funding. I filed my response within the required 20 days (with affirmative defenses included), they sent a request for admissions, etc, I filed my response, and sent one back to them. They ended up coming up with actual statements from the credit card in question, and the charge of signatures. Now, I believe this was their mistake. Since I last stopped paying on the card in 2008, March 2008 to be exact, they gave me the valid proof that I didn't have before that they were suing on something outside of the statue of limitations.  Therefore I filed a motions to dismiss based on SOL (in PA, it is 4 years).

 

Fast forward to arbitration.  I got there and told the lawyer that I believed the debt was outside of SOL. He looked through his paperwork and said that he couldn't argue with me. So he asked that the court push the aribration date back so that the judge could hear my motions to dismiss (I should have thought that fishy to begin with) that i had filed only a week before arbitration. It's set for sometime in May.

 

Then I got a response to my motions to dismiss, bascially asking that the judge deny it. They are now stating in their response that I made the last payment in November 2008, which I know for a fact that I absolutely DID not. And I don't believe they have any proof of this, either.

 

So my question is, what do I have to file in response to their response to my motions to dismiss? I want to file Something, because they simply filed the response so the motions wouldnt be heard. But as this point, I'm at a loss for what to do. Do I request the submit proof that i made payment in November? do I file a demurrer? I know it's still outside of the SOL, and without any proof, they can't possibly say I made my last payment in November.

 

Please help?!

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You could file a short reply, but it may not be necessary. Did either of you attach any supporting evidence to your motions? If not, it's a tossup to the judge. If there is going to be a hearing, that's the time to resolve this. Bring your bank statements, etc to prove your case. They are going to have to provide something as well. In the meantime, I would immediately serve them with  requests for production of documents. Ask them to provide the evidence of this supposed payment. Exact date, copy of a check, something. They probably don't have any.  Also get your bank records for Nov 2008. It may cost a few dollars, but it's worth it to see if you have something on there. If not, they may be pulling a fast one on the court, which will get them in serious trouble. I wouldn't put it past them to photoshop a billing statement and add a payment, they probably assume you don't have the originals. You might be able to get a copy of one from whoever issued the account, might cost a little but it would be great to catch them phonying up evidence and get them disbarred.

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