Re: Letter from Attorney

Posted by Frustrated Debtor (66.153.145.32) on June 10, 2004 at 13:51:39:

In Reply to: Re: Letter from Attorney posted by Boadicea on June 10, 2004 at 12:25:43:

Dismised for being over SOL the first time.
It's been over a year since dismissal, and more than six months over SOL the first time.
This is a Sears bill, and they recently changed the "owner" (same parent company) to a new company. Same attorney handling it.
I am having difficulty locating the file to know with or without prejudice - filed away deep in a box somewhere - thought I would never need it again (I know I have it).
I am guessing with "company" change, they are attempting to reset the clock, and with short notice, they are hoping for no reply and/or no show. Especially since the letter was regular mail, not certified and short notice.
Been working on my written reply, overnight it to them and the courts. The reply will include copy of letter, postmark (a week later than letter) requesting a dismissal of summary judgement citing out of SOL and previous dismissal (nearly 5 years total have passed, my state is 3 years), and requesting a summary judgement for dismissal with prejudice and sanctions for abuse of process and filing a frivolous and meritless claim. Included will be a reminder that they are in violation of The Consumer Credit Protection Act and I will reserve my rights as prescribed under Federal Law to pursue appropraite action.

What do you think?

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