Re: First Resolution and Missouri

Posted by JKelly (151.197.123.138) on July 08, 2004 at 12:05:05:

In Reply to: First Resolution and Missouri posted by jayble on July 08, 2004 at 11:31:41:

The burden of proof is on them. SOL in MO is 5 years, rule of thumb is the SOL starts about 6 months before charge off. You are probably within SOL, but not by much.

I am not really very knowledgeable when it comes to court proceedings because I have never been to court. There are others here that have been very successful though and hopefully they will give you some advice.

I do know that the burden of proof is on them. You can force them to validate not only that the account is actually yours, but also any and all charges. Yes, you can ask for a line accounting for ALL charges.

Is it possible to get an attorney. I think your best and easiest defense is the one Why Chat suggests re: party of interest. But, I think you need an attorney to present it properly, unless Why Chat chimes in here and tells you how to do it.

I never heard another word from these clowns once my attorney called them. They crawled back into their little hole. I thought they might show up at my creditor's meeting, but nope.
Is bk an option for you. I had 13 charge offs, so bk was a good option for me. It was the easies and cheapest thing for me to do. You might want to at least talk with an attorney about your options. www.naca.net

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