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Posted by angie (152.163.189.170) on December 16, 2002 at 20:32:59:

Hi again!
Let me update you on my case. I posted messages in early November in reference to an attorney suing me for an old credit card balance from 1998.(I reside in Florida-SOL 4 years).

I went to court today. It was considered a pre-trial hearing. The attorney did not represent themselves in person, but I was taken aside by a gentleman that I guess represents the court in these cases( I was not the only one he spoke with). He asked me about the debt and I denied it. He then called the attorney and explained to him that I was denying the debt and that they need to have proof that it belongs to me. The attorney gave him the account number of the debt in question and the last pay date. I realize they will need to produce a signed contract.

I then went in front of the Judge with this gentleman serving as the Plantiff and on my behalf, he explained to the Judge that I did not believe that the debt belonged to me(both suggested I check my credit report for fraud, of course). The Judge decided to set another pre-trial hearing in 60 days giving the attorney the chance to prove the debt. If at that time, he cannot the case will be dismissed.

The only problem is when the attorney gave the last pay date it was 11/98 which is within the SOL. I show the last pay date as 4/98 which is beyond the SOL. Now if the attorney is able to prove by signed contract that it belongs to me and I need to use SOL as defense, I am admitting that the account was mine after I denied it.

Should I contact the attorney at this point and still deny the debt or should I send proof of last payment and use the SOL?

Thanks for all your help!




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