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Why Chat ... Notice to appear in court


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Posted by schlatman (205.188.209.12) on August 05, 2002 at 20:09:33:

In Missouri

Today, I received a notice to appear in court on September 3, 2002.
The date of the filing appears to be July 29, 2002.
Nature of the suit: Contract
The Plaintiff is not the original creditor.

Even though it states "Contract", the debt is for 1 credit card and in the petition, it states:

"Pursuant to the credit card agreement, Plaintiff paid the various merchants and banks for the Defendant's purchases and cash advances for which Defendant is obligated to repay Plaintiff."

"After giving the Defendant credit for all payments and setoffs, there remains due $4,309.48 together with interest at the rate of 23.900% per annum from June 20, 1997 and continuing to accrue until account paid in full."

Questions:

In Missouri, can they make a credit card (open account) into a contract (written contract)? Or am I mis-reading their intent?

Is the SOL 5 or 10 years?

Is the date of last activity, according to their records, June 20, 1997? My incomplete records seem to indicate January 15, 1997 was the date of last activity and that was a letter requesting the account be restructured. Otherwise, the last check was written and sent September 25, 1996.

What are 'responsive pleadings'?

Can I file a motion to dismiss by myself or must I hire an attorney and/or appear in court?

Your reply will be appreciated.




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