Re: Letter From Attoney - went to court today - followup

Posted by Boadicea (66.149.179.202) on June 14, 2004 at 18:25:40:

In Reply to: Letter From Attoney - went to court today - followup posted by Frustrated Debtor on June 14, 2004 at 13:54:16:

Please do not be discouraged by today's event. You probably scared the living bejeebers out of the CA attorney just by showing up and showing a willingness to fight. And modifying the complaint will reset nothing. It doesn't affect the facts of the case or reset the SOL. It was already found to be beyond the SOL when dismissed, right?

Some courts will not hear motions unless they are in writing, filed properly with the court, scheduled for a special "motions day" and properly served to the other party. It's a procedural issue and just because they wouldn't hear them today doesn't mean that you can't make the same motions according to the court's rules.

While I agree with Tazi that an attorney's services would be ideal, I also think that your answer needs to include a copy of the original court documents as an exhibit. If the court found that the account was beyond the SOL, you have an affirmative defense you can add of "res judicata." In other words, the case was already partially or wholly decided. And even if the OC asked for a voluntary dismissal without prejudice, allowing a full year to elapse should have made the dismissal as final as if it had been dismissed with prejudice.

If you can't afford an attorney or intend to pursue this on your own, try to call a local attorney for a free initial consultation. You might be pleasantly surprised to hear that they're interested in filing a countersuit on your behalf, or at least give you a roadmap for doing it yourself.

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