Re: My situation

Posted by Why Chat (209.240.205.61) on October 31, 2003 at 18:07:51:

In Reply to: My situation posted by Allen on October 31, 2003 at 17:14:35:

I do not believe you should try to fight this on the grounds of SOL,as you are apparently not quite outside of the 6 year Ma SOL.

However, A$$inine is noted for filing cases where it counts on the debtor not defending. They look for an "easy win" from people who have not requested validation or have not disputed the claim.

Ordinarily, I suggest a filed answer and notice of appearance,however, in your case,I suggest a "stealth" approach.

File a notice of appearance with the Court a few days before the hearing,make sure it is delivered to the Court in person if you can,or at least signed for at least 5 days before the hearing.

Show up for the hearing and dispute the claim. Request proof of the account, a signed application and a complete account status, including YOUR LAST PAYMENT date to the OC.

You should have your answer prepared and brought with you,with a copy for the Court and a copy for the CA lawyer.

You can use the format of the "answer a lawsuit" link from my website.Just don't send your answer in to the CA lawyer.

Other than disputing their claim init's entirety,you can use an afirmative defense of "this alleged debt, if it IS mine,took place over 7 years ago,and is therefore beyond the Mass. statute of limitations" .

Most likely,if they are not forewarned, a$$inine will send a low grade flunky to file a default judgent, and will have NO documentation available.

If the case is postponed to give them time to get ALL the records you demand as proof of their claim,considering the sludge of bottom feeders it has been through,I doubt they will ever be able to come up with any documents.

I urge you to opt out and put a fraud alert on your reports,at the hearing, if asked, you can truthfully say you just recently checked your credit reports and have put on a fraud alert for suspected ID theft.

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