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Being Sued my Midland in Idaho


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I am being sued by a local attorney for Midland Funding. I have received my summons and have filed my answer. But at this point I have a few questions I am hoping along with research and some input from you all I can move forward with this.

 

1. I have received my Interrogatories, Requests for Documents, and Requests for admissions from the lawyer, they were sent in a plain envelope in regular mail delivery, and no evidence that they were filed...do they have to file this with the courts? and would they not at least send it certified mail?

 

2. I think I am going to go the SOL route with this if I can make sure I am within the time limits, I hear and read Idaho is 4 years on open end accounts, but the only Idaho statute I find addresses written contracts and is 5 years but have yet to find a actual statute that it would be 4 years, if Idaho don't have one would it fall under the federal laws? I have found those and it would be 4 years if that is the case.( My credit reports me as 30 day on Dec. of 2008)

 

Thank you for any input  I am ready to fight these guys. I am thankful this site is available to help.

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An article about debt collection in ID

 

http://www.idahostatesman.com/2012/01/22/1963224/zombie-debt-creeps-onward-in-idaho.html

 

This is the website of the Brady Law Firm mentioned in the article

 

http://bradylawoffice.com/areas-of-practice/

 

You might ask them what the SOL for credit card debt is.  I have seen either 4 or 5 years.

 

Discovery is between the parties only and is not filed with the courts.

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Also needs to be said that normally, you would state all of your defenses with your answer.  If you did not state SOL as a defense, you might not be able to use it now anyways.  I have seen people in here include a statement with their affirmative defenses like "Defendant reserves the right to add additional defenses and/or counterclaims at a later time".  I'm sure that others who are more familiar with your state's rules of civil procedure will come along and can help in more detail.

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