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#1
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Sum**** Judgement issueWhat is the name of your state?What is the name of your state? Arkansas Hello to all.... Back in May of this year, I rec'd a notice that I was being sued by a previous credit card company. I had to sign for the letter, and then it was mentioned that I had to respond to this letter within 20 days (the specifics of this is in my question history on this website......my first postings here, in fact). I answered the letter well within the 20 day period, and responded that I was unable to answer the question of admission due to "insufficient information" as suggested on "how to answer a lawsuit". So, the other day (almost 7 months later) I receive a motion for sum**** judgement in the mail. In the letter they, in part, state the following: That on May 18, 2005, plantiff filed requests for admission with this honorable court. These requests for admission asked the defendant, xx, to admit that he received the goods and/or services in the amount claimed by the plantiff in its complaint, that demand had been made upon defendant xx, and that failed and refused to pay the account. As of today, the defendant, xx has not answered the Requests for Admission as required by Arkansas Rules of Civil Procedure. The plaintiff served these requests for admissions upon defendant by placing them in the mail on May 13, 2005, thus the time to file answers expired on June 16, 2005. Now, my obvious problem with the above is the fact that I did answer this lawsuit within the required amount of time and was waiting for further information from the lawFirm. When I didn't hear anything further from them I assumed they had blown the entire thing off. My reason for thinking they would do this is due to the 3 year SOL law in Arkansas**************.I'm 99% confident it has been over 3 years since I paid anything on this account. Just to make sure, I got a copy of my credit report (Experian). Unfortunately, I could not find a "last payment date" listed anywhere on any of the accounts they listed. Due to that, I'm still not completely certain it has been more than 3 years. So, I'm wondering what my next step should be. I've considered calling the lawFirm directly, asking them what the account # is they are referring to (the amt they are asking for does not match any of the amounts owed on previous balances for accts shown**************.yes, I have bad credit from my distant past..), and also just asking them point blank what the last date was that I paid on the account. Before doing any of this I wanted to ask you guys what I should do. Thanks for any responses...... |
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#2
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| Who signed at the law firm when you sent your answers back certified mail, return receipt requested? (Also, you could answer the stuff they want to know now....)
__________________ There are two rules for success: (1) Never tell everything you know. |
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#3
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Sum**** Judgement Issue**************Hello, and thanks for your response. I'm afraid that I didn't send my answers back via certified mail, and therefore did not get a signature from them to validate receipt. This would likely explain why they are acting like they didn't receive anything back from me. This is a fine tactic they're using**************..banking on the fact I would not know to do this. If I find out that this debt is over 3 years old (SOL in Arkansas, from what I was told for an issue like this), it will be thrown out anyway**************....is that correct? Thanks for all responses. |
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