Re: poorlawyer
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Posted by poor lawyer
(24.88.34.92) on August 22, 2002 at 23:06:50:
In Reply to: poorlawyer posted by Meaux on August 22, 2002 at 22:03:34:
Ok, here is what I would do if I were you're attorney. First, I would make a written motion to the court titled "Motion to Amend Answer." Along with this motion submit an "Amended Answer." In the motion, ask the court for "leave to amend the defendant's answer in order to assert an Affirmative Defense." Your Amended Answer should be the same as your first Answer, but also assert that the SOL has expired. Cite and quote the SOL statute, and assert the dates involved. Most judges will permit an amendment to a pleading as a matter of course. Then you don't have to worry about waiving the SOL defense. If the court lets you do that, then I would file a "Motion for Summary Judgment" just like they did against you. In your Motion for Summary Judgment ask for a Dismissal with prejudice because the SOL has run. Attach a copy of your bill as "Exhibit A" and refer to it in your Motion. Then at the hearing, they will try to assert that you owe the debt that they asked for, and you will try to assert that the SOL has run. I would suggest hiring an attorney to do this. That will also make the judge more amenable to allowing you to amend your answer, since you didn't have aid of an attorney when you filed the first answer. An attorney could help you decide whether to countersue or not. So, step 1: Motion to Amend Answer & Amended Answer step 2: Motion for Summary Judgment step 3: attend the hearing on summary judgment and argue that the SOL has run. poor lawyer, esq.
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