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I was served last week for a civil lawsuit in local court for a $1500 debt. This is the same debt Winn Law tried to collect 2 years ago and I explained was outside the SOL. In the lawsuit they claim a payment was made on or about dec 2, 2016...the date is dec 3 but it is 2012. I need help in 1st answering the lawsuit..what form do I need and then reporting that they are trying to collect a debt that is outside the SOL. Pressing need is what form to respond and how to answer. Thanks

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Because they alleged the 2016 payment in the complaint, you're going to have to file an Answer and then an MSJ with an affidavit swearing your last payment was in 2012.

The other option is to go the arbitration route, but you'll have to pony up $200 for the arbitration filing fee. Because they're suing you on a debt that's beyond the statute of limitation, you have an FDCPA violation against them that you could file as a counterclaim either in court or arbitration. I think if I were going to go to the violation route, I would prefer arbitration over local court. You could use the violation as leverage to get your $200 filing fee from them. 

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Thank you where is the form to answer the lawsuit? I have all my bank records for the dates in questions and proof of no payment...Winn law group dropped it once I sent them a letter telling them there was no payment but sold the debt to Mandrich. Any help to the answer form and how to fill it out and I will go file it and the counter claim...

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10 minutes ago, collegesoccercoach said:

Thank you where is the form to answer the lawsuit?

I'm not a fan of forms, but I'm also not from California. I would see if there is a 'self help' section of the court website.

If you seriously have document proof that no payment was made (and know for 100% certain they have nothing showing a payment in 2016), I would probably not settle at having my filing fees covered. They have a 'bona fide' error defense available to them, but the bar is fairly high. They have to demonstrate their 'procedures' that they use to keep this kind of thing from happening. Your max award is $1,000 and it would cost them at least 3x that to put on a defense. You could probably get them to settle for $1,000 payable to you.

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