help needed

need help law firm trying to snake ther way in on an old debti

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ok so we had an old credit card debt , the law firm has changed names and transferred this numerous times they also have never tried to collect on debt for over 8 years. the last of anything to be filed etc was in 2014, then they file things that have never been disclosed to us after we filed our answer with the court in 2014 now they have a court date for trial and we have not been to or been served to attended any case management conference .  how can we get a continuance or get the case dismissed ? we filed answer stating plaintiff admits to purchasing the defaulted debt there for plaintiff is barred from seeking relief for damages , and that this action is barred by the statutes of limitation in the California code of civil procedure including but not limited to cal. code of civil procedure sections 337,338,339,340 and 343 and each pertinent subsection. please help im not a lawyer and tired of people and attorneys trying to use old debts to pay their bills with.   

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37 minutes ago, help needed said:

ok so we had an old credit card debt

How old?  When was the last payment?

38 minutes ago, help needed said:

how can we get a continuance or get the case dismissed ?

File a motion for one.

38 minutes ago, help needed said:

we filed answer stating plaintiff admits to purchasing the defaulted debt there for plaintiff is barred from seeking relief for damages

BIG mistake.  Buying the debt in no way prevents them from collecting.

Who is suing you?

How much?

41 minutes ago, help needed said:

this action is barred by the statutes of limitation in the California code of civil procedure

Why didn't you file a motion to dismiss based on that fact when they filed the suit?

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the suit was first given to us in 2014 when i filed the answer to the court and served them with the answer .

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7 minutes ago, help needed said:

the suit was first given to us in 2014 when i filed the answer to the court and served them with the answer .

When was the suit actually filed?  THAT is the critical date in relation to the SOL NOT when you were served and answered.

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I would file a Motion to Dismiss now.  Not only are they past the SOL, and you did assert it in your answer, but also failure to prosecute.  Your best bed @helpneeded would be to contact a consumer attorney that takes cases on contingency.  He would know how to file a counter suit, and get money from them for you on a time barred debt.  Consultations are usually free. go to NACA and find one near you. (google that) 

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4 minutes ago, shellieh98 said:

but also failure to prosecute.  

Not in California.  The dockets are so clogged that cases often take 2-3 years to wind through the system.  That is why the People's Court became so popular when it was instituted.  CA citizens didn't have to wait years to get their small claims case heard.

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Motion to dismiss is in order....

 

I'd also look at filing an FDCPA and Rosenthal case since they knowingly filed after the SOL expired...

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