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Short Cause Trial w/ Hunt & Henriques 10 Days B4 SOL Expires...help!


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Hi everyone,

 

I've just found out that I have a Short Cause Matters court date with our good friends at Hunt & Henriques (representing Portfolio Recovery Associates, on an original debt from Capital One) on 7/5/2013.

 

This frustrates me, as I made the last payment on this account on 7/15/2009, which means I'm 10 days short of hitting the SOL on this.

 

Any suggestions on how to proceed going forward?

 

Here are the pertinent details...

 

1/16/2011 - H&H "serves" me illegally/improperly. (Server gave a description that does not fit anyone in my house, and found it stuffed in my mailbox w/o postage that evening)

 

2/14/2011 - Have an attorney file an answer for me.

 

1/25/2012 - Attorney quits practicing law. I'm on my own again.

 

3/21/2013 - FINALLY get a notice from H&H, stating they could not reach me to agree on a date (untrue - as they mailed this notice to my current address). Requests a date from the court "before 12/23/2013 due to statutory constraints" on a "Certification for Short Cause Matters" form.

 

4/22/2013 - I find the form on the Sacramento County court website to request a trial date. I make my request. 10 minutes later I get a response stating the case has already been been scheduled for 7/5/2013. This is the first info I've received on this.

 

So I'm here with a case just over 60 days out that's hanging on the very edge of the SOL for CA, wondering exactly what I should do from here. The amount in question is just north of $6,500.

 

Finally, my teenage daughter had a grand mal seizure on 3/8/2013 and nearly choked to death. A few weeks later, she was diagnosed with Juvenile Myoclonal Epilepsy. Our neurologist stated that, for the first 6 months while her meds are being adjusted, she should not be alone at any time. As a result, I quit my job to be home with her when she isn't in school.

 

And she won't be in school during the summer, when the trial date has been set for.

 

I'd appreciate any thoughts, suggestions, or advice you may have.

 

Thanks!

 

P.S. I have a long-standing brain injury. Though I've always worked and never lived off the system, this legal stuff is excruciatingly difficult for me to understand and learn. Please be patient with me if you suggest things I know nothing about or do not understand. I'll do my best to learn if I can.

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Guest usctrojanalum

It's not on the very edges of the SOL, once the lawsuit is filed the SOL is tolled until the case is disposed of.  The Statute of Limitations just means they have to file the lawsuit before the time expires, not serve it, not get a judgment, not win etc anything else.  If that were the case defendants could just stall and request adjournments for years and then claim SOL.

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