Need some help with proof of SOL start date

[ColoSOL1]

What is the name of your state (only U.S. law)? Colorado

Hello!
I have posted this Question in Small Claims, and realized that it was a wrong forum.

I live in Colorado, on Sunday recived the Summons for and old credit card debt. The Attorny has field it on May 22, I hav not get the debt validation, and to request it not enough time I hav to ansfer by the Julay 10. All I have on the account just an old credit report, that, is showing the account was in Charge Off from June 2006 to August 2007, I know thet the last payment was made not les then 6 month befor. I need to get proof of the last payment date on the account, or somthing to proof thet the account is past statu of limitation.

Can any one sujast somthink in this case.
I have contacted an attorny on JustAnswer nad get sujaction that i can file an ansfer with raise affirmative defenses. but how can i do this, i found the ansfer [url]http://forum.freeadvice.com/debt-collections-84/statute-limitations-credit-cards-colorado-3yrs-445637.html[/url] that could work for the case, just if i had the proof of the last payment date. Sinc i don't hav the proof i realy dont know what should i do.

I can't afford to hire an Attorny at the moment. and time is so limited.

Please eny one if you can halp me.

Than you All in advance.

[ecmst12]

You are going to have to learn to spell if you want to be taken seriously in court. Your answer has to be in writing!

Contact your bank to get the statement showing your last payment. That's a start anyway.

[ColoSOL1]

Contact your bank to get the statement showing your last payment. That's a start anyway.

The bank say thet they soled the account to coolection agency, and to get any info from the account i need to contact only them.

[Zigner]

Originally Posted by ColoSOL1

The bank say thet they soled the account to coolection agency, and to get any info from the account i need to contact only them.

You can get all your answers through the discovery process.

[ColoSOL1]

Originally Posted by Zigner

You can get all your answers through the discovery process.

How do i do the discovery proces. ?

[justalayman]

first, you need to file a response to the summons. In that, you will claim the the SoL defense. Once you get beyond this immediate requirement, you will have time to file for discovery.

[ColoSOL1]

Originally Posted by justalayman

first, you need to file a response to the summons. In that, you will claim the the SoL defense. Once you get beyond this immediate requirement, you will have time to file for discovery.

Thanks, but by filing responce on Claim is the SoL defense, I'm acsepting the debt.

How could i request somthing as a debt validation, sinc i have never recived it, and if thay don't have signed application, and might be even a statment of the account, dismis it on not valid debt, in case if thay provide validation of debt, continiu on the SoL defense.
I am rely new to this and start researching only sins last Sunday, so I have no idea, if it's possible, and if it is how than should i respond.
I don't even understand if i respond as the debt is no valid, if Plaintiff provides validation, will i have chance to go with the statu of limitations.
I'm just not 100% positive on 3 years SoL in Colorado for credit card debt, also they could request to aply ND SoL. As the bank if from ND.

[ColoSOL1]

On a blog debtprison I found some intresting info

Just don't know if i can apply this in my case, so any sujection would help

If you receive a summons for civil suit it will say something like ‘we, the collection agency, are taking the debtor to court, and we swear that the amount of money we claim he owes is correct.’ This is called a sworn account or an affidavit of debt. Basically the company says “Yeah we promise that the dude owes us this amount of money.” Now you need to write up a letter of sworn denial, have it notarized, file it with the court, and send a copy to the collection agency.

For a good illustration explaining the necessity of the Sworn Denial click here.

This needs to be a statement in writing that you FILE with the court where you have been sued. It can be a simple statement, but it needs to be typed, signed, notarized, and filed with the clerk of the court and a copy sent to the collection lawyer. It needs to be a graduated denial. In other words, it needs to say, I deny this is my debt and if it is my debt, I deny that it is still a valid debt and if it is a valid debt, I deny the amount sued for is the correct amount.

When a sworn denial is filed, the debt collection attorney can not rely upon a sworn affidavit of account, but must instead produce a live witness to testify about the debt. The requirement of a live witness changes the dynamic of the collection action considerably. The likelihood that the action will go no further now increases again.

Is it possible in the respond stand thet " I deny this is my debt and if it is my debt, I deny that it is still a valid debt and if it is a valid debt, I deny the amount sued for is the correct amount. "

And what would be the dicison of The Judge such respond.