| amended answer and production of documents What is the name of your state? Oklahoma
Thank you, thank you! I just read on this forum that if I do not include my affirmative defenses in my answer to petition and summons that I will loose the SOL defense. So, I called the court clerk and since the inital 35 days are still running, she said that she would take an amended answer. My original response asked for debt validation per FDCPA. My credit report seems to show that 2 different collectors(aged up date is same start month for both agencies) are going after the same alleged debt but for different amounts. Thus, I really do need to see proof of right to collect this alleged debt from the debt collector that has sued in civil court. So, do I request a production of documents with this amended answer or do I wait until they request a summary judgement date. And, then wouldn't it become a motion instead of just a court filing and mailing to plaintiff? I have searched court dockets and 98% are default judgements. Can you get a default judgement after an expired SOL and do defendants that do come to court win on the expired SOL?(I have read the statutes and all the federal definintions of written vs open and my credit report shows original debt as revolving and last activity past the SOL.
Diane in OKC |