jimjam

super help requested

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need help...asap...was given a summons...*side question dude did not require signature...when being served, dont they need a signature?!?*...it was a utility bill...dte in michigan...*under 1000*...last payment was on november 2010...*i was on a payment plan*...the summons states i was at that address until feb of 2011...i was not...i can prove i moved in nov. of 2010...sol would have expired in november of 2016...what i can not prove is that i did indeed call the utility company to disconnect service...BUT...the utility company stated that last activity on account was nov of 2010.

 

stenger & stenger is handling the debt collection...i offered 500 bucks...they said 750...i JUST got a lay off notice for next week...ANYONE?!?...help or input?!?...should i go to court and show the sol expired?!?

 

thanx

Edited by jimjam
additional inquiry

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In order to plead an SOL defense, the onus is on you to prove when the clock began ticking. If you moved in Nov 2010 and they didn't get a disconnect order from you, Feb 2011 is a logical time to assume for when they closed the account out, applied all debits and credits and made final demand for payment, which they will allege created the cause of action and started the SOL clock. So in order to back the SOL clock up to Nov, you have to prove you placed a disconnect order effective as of Nov 2010. If you have nothing yourself, your only other shot is hoping they do and will provide it to you through discovery. 

Is it the utility company the named Plaintiff?

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