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Need some help on SOL prooving begin date

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ColoSOL1

Junior Member
Hello!

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 https://forum.freeadvice.com/debt-collections-84/statute-limitations-credit-cards-colorado-3yrs-445637.html 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.
 


latigo

Senior Member
I guess what you are saying is that it is your belief that the last of the purchase charges to the card (not their debits for late fees) and the last payment to the account fell outside of Colorado’s 3-year statute of limitation (CRS 13-80=101).

How do you prove that when you only have the credit card company’s records to go by?

The only sure way is to first raise the bar of the statute as an affirmative defense and then use pretrial discovery to make the plaintiff produce all the records it intends to offer as exhibits to support its claim. AND BEFORE THE CASE GOES TO TRIAL!

Also, do a request for an admission that those entries were made more than the 3 years prior to May 22, 2009.

The question is whether you are capable of doing all this acting pro se.

Pretty tough proposition when you have no records and must rely on those in the custody and control of the people that are suing you. Pretrial discovery helps to level the playing field.

When used properly it allows the trial lawyer to know as much about the opponent’s case as the opponent does. Otherwise, he should go back to tending bar, selling cars or some other honest occupation.

Sax
 

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