?? about civil action

undefinedWhat is the name of your state?PA

Can I still request the CA send me DV proof,even though there is a court hearing?The hearing is in 18 days,the CA sent me a certified letter giving me 7 days to answer them,when I didn't they filed the civil action against me.I got the letter on Oct.26-they filed on Nov.3.The default hearing was set for today,I had it continued,the new date is Dec.20.I have no paperwork on this debt,but I believe the SOL is expired-debt was incured 11 years ago.CA purchased debt in Aug.1997.Any help would be great!Thanks

[Ladynred]

Have you used the SOL as your affirmative defense against this thing ?? If not, you need to. Even if you don't know the exact last payment date in 96 or 97, the fact that the collection agency got it in 1997 makes it a pretty sure thing that the PA 4 year SOL has expired.

You can send them a DV letter, not sure how much good its going to do you at this point.

undefined

Originally Posted by Ladynred

Have you used the SOL as your affirmative defense against this thing ?? If not, you need to. Even if you don't know the exact last payment date in 96 or 97, the fact that the collection agency got it in 1997 makes it a pretty sure thing that the PA 4 year SOL has expired.

You can send them a DV letter, not sure how much good its going to do you at this point.

I'm pretty sure the last payment on this was 93 or 94.So how do I prove that the SOL has expired,if I have no paperwork?I have never been to court or a civil hearing.I don't know what to do.Why won't it do me much good to send them a DV?I thought at least I'd know what they have on this.I also got my credit report from all 3 agencys-it is not on there.Do I have to file anything with the court before the actual hearing?As you can tell I'm lost! Any help would be great,thanks!

[Ladynred]

The point is you DON'T have to prove it. Once you use it as your affirmative defense its up to THEM to DISPROVE it -- and with a debt that old its unlikely they can prove squat. The expired SOL would be the FIRST thing to bring up in court - puts the ball in their court.

DV won't do much good at this point because you're already in the process of a lawsuit. The process now, if you can, is to go for discovery - make them cough up documents to prove their claim. However, that's kinda jumping the gun at this point.

If you are required to file an Answer to the Complaint do so and use the expired SOL as your affirmative defense - if you don't use it, you lose the right to bring it up later !

[stevek3]

Originally Posted by Ladynred

The point is you DON'T have to prove it. Once you use it as your affirmative defense its up to THEM to DISPROVE it -- and with a debt that old its unlikely they can prove squat. The expired SOL would be the FIRST thing to bring up in court - puts the ball in their court.

DV won't do much good at this point because you're already in the process of a lawsuit. The process now, if you can, is to go for discovery - make them cough up documents to prove their claim. However, that's kinda jumping the gun at this point.

If you are required to file an Answer to the Complaint do so and use the expired SOL as your affirmative defense - if you don't use it, you lose the right to bring it up later !

Lady from Red China, sometimes you really need to remind yourself to bring some smelling salts to the forum stadium. He said it's a default hearing. So, he didn't answer the complaint. His defenses are waived and he's already human toast. Therefore, if you want to give him a helpful suggestion this holiday season, you should advise him that toast with a nice warm cup of apple cider can be very relaxing.

By the way, you also have a fundamental misunderstanding of who shoulders the burden of proof when a defendant raises an affirmative defense.

[Ladynred]

I see Steve-O is blabbing again -- well FYI pal.. you're on my IGNORE list now, so I don't have to put up with your inanities, insults and general attacks. So.. talk to the hand !!!!

Whatever he said.. just make sure you use the expired SOL - with a debt this old, it should not be too hard. If its not on your credit reports, its aged off, which means its AT LEAST 7 years since it went delinquent !

[stevek3]

Originally Posted by Ladynred

I see Steve-O is blabbing again -- well FYI pal.. you're on my IGNORE list now, so I don't have to put up with your inanities, insults and general attacks. So.. talk to the hand !!!!

Whatever he said.. just make sure you use the expired SOL - with a debt this old, it should not be too hard. If its not on your credit reports, its aged off, which means its AT LEAST 7 years since it went delinquent !

Well, since I'm on her ignore list, I'll tell it to you like it is: You say it's a default hearing. So, even if you had any defenses, now you can't use them. You're already in default. You're being vague, but I'm guessing they've already been awarded default judgment and it's just a damages hearing.

With respect to her maniacal babbling about affirmative defenses, she is very wrong. Raising an affirmative defense in an answer means little. An affirmative defense must be raised in the initial pleading, or it's waived. The defense itself does not shift one iota of the burden of proof from the defendant to the plaintiff. From what you say, the point is moot, anyway. You're already in default.

Give them a call and settle with them before they make your life a living hell.