jono Posted May 27, 2013 Report Share Posted May 27, 2013 HelloWhat if you get a lawsuit with a 7 year old address from a different county . The alleged default is stated a year later than all the credit reports .Lawsuit filed in old address county and the attorney declares under penalty of perjury that the foregoing is true and correct. I have not lived that county for the last 7 years . Plus he goes on to state he made demands for payment and i have not satisfied that demand. The only thing I ever had from anybody was the lawsuit. Link to comment Share on other sites More sharing options...
shellieh98 Posted May 27, 2013 Report Share Posted May 27, 2013 Jono you keep asking the same questions, in new threads. If you need help on how to proceed, It would be good to keep all your info concerning this case in one thread. Did you send them a BOP? That will tell you for certain if the debt is time barred. If they filed it 2 years ago and have not proceeded until now, and nothing was done to dismiss the case, then they are still within the SOL. If they filed after the SOL had expired, then you could counter-sue them for suing on a time barred debt, as that would be a FDCPA violation. They may have tried to serve you at the old address because that is the only address they had. You answered the suit, so it does not matter if it was at an old address. Is the venue proper? Meaning, it is the court near your home now? If not, when you answered you should have denied that claim and stated it was an improper venue. If I were you, I would send them a request for documents, be sure and include copies of all statements including the alleged charge off, that will give you when the account went into default. It won't matter what the CR show. All that other stuff, they have to prove it, and if you post your correspondence, we will help you through it. If I were you, I would go back to your topic "first time lawsuit" and post in that one only so that others that want to help will have all of your info in one thread. We would be happy to help you, but it's easier if you have all your information together in one place. 1 Link to comment Share on other sites More sharing options...
jono Posted May 27, 2013 Author Report Share Posted May 27, 2013 Never the less I am no wiser ,so I shall just leave it as it is Thanks Link to comment Share on other sites More sharing options...
shellieh98 Posted May 27, 2013 Report Share Posted May 27, 2013 no no, post in your other thread. If you don't understand, then post what you don't understand. We want to help you. I will bring your other thread to the top for you, and give you the 20 questions to answer so we can get more details of your case. Link to comment Share on other sites More sharing options...
Seadragon Posted May 27, 2013 Report Share Posted May 27, 2013 That is easy you are going to have to have proof of not living there at that address. Then file a motion to vacate Default judgment and a motion to quash in the court they got the judgment in. Then prepare to defend the case. You might need a lawyer if it is out of state. However many states allow out of state pro pers to file fee waivers. That is the direction I see it working out for you. Link to comment Share on other sites More sharing options...
jono Posted May 27, 2013 Author Report Share Posted May 27, 2013 I can prove I have lived at this address from 2008 to present ,I rent this place off a high ranking cop and have all the rental agreements from 2008.Its in the same state just a different county,also there is no judgment just a filed lawsuit. Link to comment Share on other sites More sharing options...
Seadragon Posted May 27, 2013 Report Share Posted May 27, 2013 Ok then I think that checking with the court to see if the plaintiff has communicated with the court is a good first step. If you haven't had any Case Management hearings and a trial date hasn't been set yet then I would worry. also look at other cases plaintiff has filed with the court to try to get a valid request. as for the WAMU accounts I believe they were out of Nevada and you would have to look at the agreement for that time ask around for WAMU agreement for that timeframe and check the choice of law provision. If it is time barred file a motion for leave to amend the answer and counterclaim for time barred debt. Calawyer has cited a great case so use that. Link to comment Share on other sites More sharing options...
jono Posted May 27, 2013 Author Report Share Posted May 27, 2013 I keep in touch with the court and they have my answer and new address .As of last week they have done nothing but file the suit , no proof of service nothing. As for the WAMU account that was taken over by Chase and their choice of law in the contract states Delaware SOL 3 years. Link to comment Share on other sites More sharing options...
shellieh98 Posted May 27, 2013 Report Share Posted May 27, 2013 Did you ever find out how long you have to wait to file a motion to dismiss for failure to prosecute? If it is one year, I would go down to the court house on that day in july and file one. You are in a good place, it is a junk buyer, if it gets dismissed without prejudice, they can't file, because it would then be time barred. They probably don't have any of the necessary paperwork to take the case forward. Link to comment Share on other sites More sharing options...
jono Posted May 27, 2013 Author Report Share Posted May 27, 2013 I did post on the other thread this so bear with me, I am getting the hang of it . You americans spell differently from us English so I have to stop and think. I just wonder why they did not respond to the credit agencys and let the account be deleted . Can you read anything into this ? Link to comment Share on other sites More sharing options...
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