Re: New court paper - need advise
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Posted by LadynRed
(199.91.33.254) on August 28, 2003 at 12:39:04:
In Reply to: New court paper - need advise posted by Beth on August 28, 2003 at 12:17:21:
So, the scumbag CA is going to push the issue... geez. 1 - Yes, state the SOL affirmative defense, AGAIN.
2 - State that you have no intention of settling the debt is time-barred.
3 - No, do not mention any counter-claim here. If you have nothing further to add pertinent to THIS issue, just state that you have no amendments. There could be other affirmative defenses you can use. Below is a link to Affirmative Defenses, more than one may apply, although the SOL is your #1 best defense. The burden of proof is on the PLAINTIFF to prove the SOL is NOT up.
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