Served on out of SOL debt please help!

[shayne54]

What is the name of your state? Indiana

I was served yesterday with an alias notice of claim on a debt that is at least 8 years old. In Indiana i am to beileve that the SOL on a credit card debt is 6 years old. So, i want to file a motion to dismiss based off of this. I have found the "motion to dismiss" form on the state's website, but i dont know how or where to put on my reason for my claim to dismiss? Can someone please help as i do not have the money right now and cannot afford a judgement right now! Thanks

Shayne

 

[JETX]

i dont know how or where to put on my reason for my claim to dismiss?

Simple. Put in 'Statute of Limitations has expired on this alleged debt'.

 

[shayne54]

Jetx, i do need a little more help. Its not that i didnt know what to write, its just that on the form, i dont know where to put it?? I know that sounds stupid, but i dont want to mess up this legal form. Here is a link to the form from the state....

http://www.in.gov/judiciary/forms/civil/word/motion-dismiss.doc (word document)

or

http://www.in.gov/judiciary/forms/civil/pdf/motion-dismiss.pdf

(Pdf document)

Thanks again for your help!

 

[JETX]

Jetx, i do need a little more help. Its not that i didnt know what to write, its just that on the form, i dont know where to put it??

That is because THAT is the not the correct form. You have provided links to a "a Motion to Dismiss"... not an 'Answer to the Summons' (which is the correct process).

You need to read and follow the information at:
http://whychat.5u.com/answer.html
and
http://www.legalhelp.org/public/answering_complaint.php

 

[You Are Guilty]

That is because THAT is the not the correct form. You have provided links to a "a Motion to Dismiss"... not an 'Answer to the Summons' (which is the correct process).

You need to read and follow the information at:
http://whychat.5u.com/answer.html
and
http://www.legalhelp.org/public/answering_complaint.php

Not that I recommend it, but Indiana does permit pre-answer SJ motions under TR12(c) & 56(b).

What is "correct" in this particular case I will leave open to debate

 

[JETX]

Not that I recommend it, but Indiana does permit pre-answer SJ motions under TR12(c) & 56(b).

Darn.... I was afraid you would bring that up....
I considered it.. but considering that the OP is having a problem with a relatively simple issue, felt that the SJ (Motion for Summary Judgment) would be far too complex a process.

 

[You Are Guilty]

It's a giant can of worms for a layperson, but he seems pretty gung-ho about it. (And if he really wants to shoot himself in the foot, who am I to suggest otherwise?)

 

[shayne54]

You are correct, I really dont want to open a can of worms. I just want this junk debt buyer to go away. This debt is almost 9 years old! They are stating the date that they bought said debt, not the date of my last payment which is 2 years earlier. So, my question is this now, i have read the court procedings from Indiana's sight, and I dont see anywhere where i can or should do an "answer"....

 

[CopsAreStupid]

When you say it's eight years old do you mean since you opened it? What is your last payment date or last charge date?

 

[shayne54]

the last "activity" which in this case was me charging something, was > 8 yrs ago.

 

[shayne54]

Anyone? I could use some help!

 

[nikfrz]

the last "activity" which in this case was me charging something, was > 8 yrs ago.

When was the last time you made a payment and never made a payment since? That's when the SOL starts ticking, not when you made your last charge, unless your state rules say otherwise.

 

[shayne54]

the statue of limitations is from last "mutual" activity, which in this case was the last time i used the charge card and they approved me. It was over 8 years ago. I haven't made a payment or anything since that time to restart the clock so to say either. So as far as i know, this should be a done deal with it being outside of statue of limitations. I am not agrueing that though, i just want to know how to let the judge know this ahead of time...?

 

[JETX]

the statue of limitations is from last "mutual" activity, which in this case was the last time i used the charge card and they approved me.

NOT CORRECT!!
The statute of limitation 'clock' starts on your BREACH of the agreement... which is the day after the due date of your last payment.

i just want to know how to let the judge know this ahead of time...?

And that has already been answered for you... several times in this thread.