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Help please, lawyer for discover suing sol debt in RI


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Received paperwork from R.I law firm suing for $16,000 sol debt. They sent me a summons back in 8/11. I answered with letter stating debt was in question and They needed to prove to me that debt wasnt SOL and some other things, filed it with court , sent copies to lawyers. Nothing until 3/27/14 , now " memorandum in support of law of plaintiffs motion for summary judgment" and a court date. Even in the lawyers paperwork to the court they claim acct was opened in 12/2000, charged off 3/2004. And copy of a bill from 2002 in which zero payments were being made. R.I is 10 years, from what I have researched I have to file a " Defendants opposition to motion for summary judgment" but I can't find any examples of this and also what I must say or include. If anyone could help me I would appreciate it ! Thank you!

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@IthinkIcan

 

When I was first sued, I didn't know that the filing of lawsuit tolls the SOL either, so you're not alone.  :-)

 

When you refer to your "questions in my reply to the summons", what do you mean?   In most states when one responds to a complaint, one simply admits or denies the allegations in that complaint.  Usually questions are not part of your answer UNLESS your rules allow for it.  What questions did you ask?  

 

Did you ever request discovery?

 

Before this MSJ, when was the very last time you heard from them in any way regarding the lawsuit?

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I'm wondering if the doctrine of laches might apply here. Approx 8 years after first deliquency before filing, then an additional 2.5 years before prosecuting, sure seems difficult for someone to defend themselves after so much passing of time in terms of tracking history, payments, contracts, etc. Not to mention any excessive fees that have been compounding over time.

 

Of course, I have never seen a case where Laches was asserted and ruled on in favor of defendant, but then again I do not follow many consumer debt cases.

 

Best luck, OP!

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Thank you so much for all the help! Unfortunately, I don't know how to find out exact last payment ( it was 11/12 years ago now). Also I did not request Discovery ( didn't know I was suppose to) and when I replied to summons it was more like a validation letter asking for proof that they had a right to sue ( I guess I miss understood and sent wrong thing ). They then sent a copy of original signed agreement. Then in June 2013 they sent a letter saying "That I had at one time made contact with them." I guess I messed this all up, it s so confusing, even after reading a lot of information. Any suggestions about what I should do now? Thank you again

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I don't see any mention of "discovery" in recent court paperwork. Looks like basic summary judgement ,affidavit, and status report of active duty, plus a copy of one bill. Do you know if their is a sample on this sight of paperwork needed to ask for discovery? Sounds like its worth a try. Thank you

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Received paperwork from R.I law firm suing for $16,000 sol debt. They sent me a summons back in 8/11. I answered with letter stating debt was in question and They needed to prove to me that debt wasnt SOL and some other things, filed it with court , sent copies to lawyers. 

 

Unfortunately this is not the correct way to answer a lawsuit (as you now understand) and they were free to ignore that letter.  You are being sued in District Court and you have to file a formal answer.  Because you didn't that is why they are filing for a default judgment.

 

They ignored all the questions in my reply to summons.Thank you

 

Yes, because you didn't answer the summons or file for discovery, requests for admissions, or interrogatories.

 

I don't see any mention of "discovery" in recent court paperwork. Looks like basic summary judgement ,affidavit, and status report of active duty, plus a copy of one bill. Do you know if their is a sample on this sight of paperwork needed to ask for discovery? Sounds like its worth a try. Thank you

 

The paperwork does not have to tell you how to defend the suit.  You are expected to do the research yourself or hire a lawyer.  

 

Even in the lawyers paperwork to the court they claim acct was opened in 12/2000, charged off 3/2004. And copy of a bill from 2002 in which zero payments were being made. R.I is 10 years, from what I have researched 

 

RI indeed does have the draconian SOL of 10 years.  However, if the account was charged off in March 2004 that means the last payment was in October or September 2003.  If they sued in 2011 then they filed timely.  

 

I would start calling consumer attorneys through www.naca.net and ask the to review the matter.  Most will do an initial consult for no charge.  At this point enough errors have been made in not answering the suit or doing timely discovery as well as their failure to prosecute for 3 years that a good attorney may be able to get it thrown out.

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Thanks for all the help! Unfortunately only attorney listed with NACA in RI said it would cost me $3700 which I don't have : (. Now not sure what to do trial is beginning of June. Any more ideas please!!! Is there any paperwork I should or could to help myself, been reading about paperwork a person can file asking for information that the plaintiff has ( I think it was BOP and POD)? Thank you

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Thanks for all the help! Unfortunately only attorney listed with NACA in RI said it would cost me $3700 which I don't have : (. Now not sure what to do trial is beginning of June. Any more ideas please!!! Is there any paperwork I should or could to help myself, been reading about paperwork a person can file asking for information that the plaintiff has ( I think it was BOP and POD)? Thank you

 Go to the Courthouse on Monday, with your case number, and ask to see the complete court docket for yourself. Bring cash or a credit card, and make sure you make photocopies. (Some courts are pricey, some arent so pricey, but they do charge per page.)

 

Once you're home with your COMPLETE COURT DOCKET COPIES, go through each filing from the very beginning of the case. You should see your previous response included as part of the court record. This will give you a great starting point to figure out your plan of action.

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Along with all the other suggestions read up on securitization, if the lawyer is suing for the OC, and your rules still allow for you to send discovery then by all means do so and get the balance sheets etc.. if they can't produce credits and liabilities, why are they suing?

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