joejoe7600 Posted October 24, 2014 Report Share Posted October 24, 2014 being sued for credit card debt. I received copies of the credit card statements from the plaintiff and it shows i made a payment in 2009 and 2011. These two payments would continue the statute of limitations, however i looked at my bank statements and it shows no payments during the times that the credit card statements show i made a payment. I have never had another bank account. Is this definitive evidence to have this case dismissed due to the statute of limitations being expired? thanks Quote Link to comment Share on other sites More sharing options...
willingtocope Posted October 24, 2014 Report Share Posted October 24, 2014 Is the plaintiff an OC or JDB? Are those "statements" on OC letterhead in the normal statement format? Did they send ALL statements? 1 Quote Link to comment Share on other sites More sharing options...
Goody_Ouchless Posted October 24, 2014 Report Share Posted October 24, 2014 @joejoe7600 - if may ask, who is the JDB and who is the OC? I have a similar case where their "records" don't match mine. Quote Link to comment Share on other sites More sharing options...
calawyer Posted October 25, 2014 Report Share Posted October 25, 2014 Interesting. Check at least one month before and one month after the alleged payment. It might be an issue about when the payments post. When is your trial? You might want to demand that plaintiff bring evidence of the payments in question. 1 Quote Link to comment Share on other sites More sharing options...
Rogue198 Posted October 25, 2014 Report Share Posted October 25, 2014 Were you with a consumer credit consolidation/debt settlement program at the time? They may have been sending payments from an escrow account. Quote Link to comment Share on other sites More sharing options...
joejoe7600 Posted October 27, 2014 Author Report Share Posted October 27, 2014 Is the plaintiff an OC or JDB? Are those "statements" on OC letterhead in the normal statement format? Did they send ALL statements?Looks like a JDB as the plaintiff is Sunlan LLC. The statements do look like they are original Citi Bank letterhead. They sent me statements with due dates on 04/2011, 05/2011, 09/2011, 10/2011,and 11/08/2011 The are missing 06/2011, 07/2011 and 08/2011 Quote Link to comment Share on other sites More sharing options...
joejoe7600 Posted October 27, 2014 Author Report Share Posted October 27, 2014 @joejoe7600 - if may ask, who is the JDB and who is the OC? I have a similar case where their "records" don't match mine.Citi Bank is the original creditor and Sunlan is the plainitff Quote Link to comment Share on other sites More sharing options...
joejoe7600 Posted October 27, 2014 Author Report Share Posted October 27, 2014 Interesting. Check at least one month before and one month after the alleged payment. It might be an issue about when the payments post. When is your trial? You might want to demand that plaintiff bring evidence of the payments in question.Yes i did it said the payment was posted 08/2011 and i checked all of 07/2011 and 09/2011. No trial date set yet i just have to respond by 11/06/2014. It was a notice to consumer or employee form SUBP-025 Quote Link to comment Share on other sites More sharing options...
joejoe7600 Posted October 27, 2014 Author Report Share Posted October 27, 2014 Were you with a consumer credit consolidation/debt settlement program at the time? They may have been sending payments from an escrow account.I think i signed up for one, then before any payments even started i stopped it. But the payments that they said i made are from 2009 and i know i didn't sign up for it then and 2011 and for the exact same amount for $113. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.