simplyred35
Junior Member
What is the name of your state (only U.S. law)? ga
I filed the following with the courts for a Cap 1 case
1. Answer Discovery.
2. File a motion to Dismiss based on SOL according to their contract governing Va and Federal law
3. A request for production of documents to the law firm. Using what they sent me as request for discovery as a template.
The attorneys have now brought in a 3rd attorney to assist with the suit and they have filed a statement of material facts upon which there exists geniune and triable issue and brief in support.
Can anyone assist on how to handle this.
Background on case
Open Cap 1 account 1998 last payment 2/2002 lawsuit filed 4/17/2008 live in Ga. SOL 4/6 yrs.
To add more cap 1 is saying that action accrued on 3/2003 when said balance became due and payable. Cr list last payment 2/2002 even asked for cr to verify which they did. They ask me to see exhibit A but nothing is attached as an exhibit. How can lawyers say that the account became due and payable 1 yr after default? The other thing that was stated was they filed the suit on 3/2008 which is incorrect. They filed 3/2008 and it was dismissed without pred. then they came back and filed 4/2008. I thought if they dismiss the clock continues. They are arguing the 6 yr sol. and stating that foreign law does not count in georgia quoting Lloyd v prudential securities 211 Ga.app. 247, 438 s.e.2d 703
(1993).
What is my next recourse to this suit?
I filed the following with the courts for a Cap 1 case
1. Answer Discovery.
2. File a motion to Dismiss based on SOL according to their contract governing Va and Federal law
3. A request for production of documents to the law firm. Using what they sent me as request for discovery as a template.
The attorneys have now brought in a 3rd attorney to assist with the suit and they have filed a statement of material facts upon which there exists geniune and triable issue and brief in support.
Can anyone assist on how to handle this.
Background on case
Open Cap 1 account 1998 last payment 2/2002 lawsuit filed 4/17/2008 live in Ga. SOL 4/6 yrs.
To add more cap 1 is saying that action accrued on 3/2003 when said balance became due and payable. Cr list last payment 2/2002 even asked for cr to verify which they did. They ask me to see exhibit A but nothing is attached as an exhibit. How can lawyers say that the account became due and payable 1 yr after default? The other thing that was stated was they filed the suit on 3/2008 which is incorrect. They filed 3/2008 and it was dismissed without pred. then they came back and filed 4/2008. I thought if they dismiss the clock continues. They are arguing the 6 yr sol. and stating that foreign law does not count in georgia quoting Lloyd v prudential securities 211 Ga.app. 247, 438 s.e.2d 703
(1993).
What is my next recourse to this suit?