ALWAYS ALWAYS ALWAYS file an answer...

Posted by dixiedrifter (69.21.62.246) on January 30, 2004 at 11:08:57:

In Reply to: Should I answer now or wait and fight in court? posted by MCM bait on January 30, 2004 at 08:46:45:

ALWAYS file an answer listing the fact that the debt is time barred. Do just like you said, deny everything and list your affirmative defenses. The importance of this cannot be stressed enough.

Failure to file a TIMELY answer listing the statute of limitations as an affirmative defense may later on PREVENT you from asserting that as a defense when going to trial. Be sure to list the specific statute which time bars the debt on your answer as well.

Futhermore, if your last payment was in 1998 and I would file a countersuit for FDCPA violation, false or misleadig representation in this case PERJURY.

Go to why chat's website to get instructions on how to answer a time barred lawsuit.

While waiting for trial, I suggest finding a good book that tells how to come up with other such things as interrogatories and motions for production of documents.

Make them prove the entire history of the account!!!!

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