In my situation, do I file a motion for dismissal of a case or a motion for declaratory judgment? URGENT?
I have been sent papers to appear in court by a Collect America affiliate who bought a (fraudulent) debt in my name that is past the statute of limitations as far as I can tell, as it’s over 6 years old and I live in Missouri. I disputed the debt and sent a validation request which they acknowledge receiving, but they are suing anyway. So which motion do I file, or should I file both? And how do I do that? Do I have to wait for the court date or can I file with the circuit clerk’s office that sent the suit papers to me? Can anyone answer all 3 questions? These people have been horrible to me and just don’t care that my credit was ruined by a thief, as long as they make a profit, I’ve tried to help them and sent the police report and all, but they still treat me like garbage. I’d like answers from people who know what they’re talking about please?
Ok, I’d love to hire an attorney, I can’t. I’m getting married in a month and my budget is nil now, all gone. And The SOL is 6 years for pursuit of a debt of this type in Missouri. I may call the clerks office and ask if I can see the judge in person, they’re pretty open about that here. About half of the things this company done in this situation have been illegal, but we won’t get into all that! They’re known for that sort of thing.
Hah, Rachissa, thanks! When you said "talk to an attorney" instead of hire one, I remembered I have a friend dating a lawyer! LOL, we’re filing a dismissal tomorrow. Thanks all, more answers welcome to help others out who read this, but I think I’m good now.
Tagged with: 6 years • Budget • circuit clerk • clerks office • collect america • garbage • lawyer • love • police report • sol • statute of limitations • thief • validation
Filed under: Declaratory Judgments
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DO NOT WAIT UNTIL THE COURT DATE.
That will be too late. When you receive a summons and complaint, generally you must file an "answer" to the complaint within a set period of time. That time period is usually printed on the summons.
When you answer the complaint,you deny owing the money and you state your "affirmative defense" that the collection effort is past the statute of limitations.
After you answer, you might be able to file a "motion on the pleadings" asking for judgment in your favor, if it is obvious from the face of the complaint that it is too late to sue you.
Talk to a lawyer in your area ASAP.
Is this really a situation in which you are not willing to hire a lawyer?
I don’t understand when people try to handle serious legal issues without a lawyer.
A lawyer can answer all your questions.
If you want anything filed, you need to hire an attorney.
The statute of limitations takes effect 7 years after they have declared you delinquent and reported this to the credit bureau.
They have one year from the time you became delinquent, which actually drags the time out to 8 years.
I think you are better off appearing in court and bringing all documents with you.
The judge will listen to your side and if he feels you are being honest with him, he will dismiss the suit himself.
Be sure to appear though, if you don’t , a default judgment will be entered against you automatically.