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TexasToast

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Good afternoon everyone,

 

 I've had several mailings coming to my house over the last few days from local attorneys claiming I have a summons heading my way. After some digging into the Dallas Clerk's records I discovered that I am being sued by Portfolio Recovery Associates (Capital One debt). My SOL would have been aged through in 2 months, so I'm definitely going to have to fight it. I've done some research into the attorney handling the case and she has a record of letting things go to "Dismissal for Want of Prosecution". I'd say 85-90% of her credit card cases end with that ruling. Many others are dismissed with or without prejudice. Seems to me her plate is full with Banks suing Banks, etc. and she doesn't like to fight the CC suits. Probably only 1% has been decided in her favor based strictly on the failure of the defendant to "answer" in a timely manner, thus the plaintiff receives a default.

 

 I have every intention of fighting this suit so I'll be asking for help along the way. I appreciate the knowledge I've already aquired just from lurking the last few days and I look forward to winning my case.

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Not at all ...... credit reports and agencies are considered hearsay and generally not admissable as evidence.

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Any chance you can dodge service for two more months. Business trip, vacation, sabbatical?

 

HP

Thought as long as they filed the suit within the SOL they were good to go? Or is it based on served date?

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When they can't serve you within a certain amount of time from filing, the case is dismissed w/o prejudice and they have to re-file but by then it will be too late...

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Thought as long as they filed the suit within the SOL they were good to go? Or is it based on served date?

You need to check your rules of civil procedure.  

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