Re: evidence to prove debt past SOL

Posted by Why Chat (208.252.179.25) on July 08, 2004 at 14:17:15:

In Reply to: evidence to prove debt past SOL posted by MrEd on July 08, 2004 at 13:52:17:

If you have already presented the Court with an affirmative defense of SOL, and it is entered in your case file, it is up to the PLAINTIFF to produce evidence of the legitimacy of their claim,including proof of the accounts, a copy of your signed application, and proof that your affirmative defense is wrong.

You can bring your old credit reports along, and if they have any question as to what documents you have to prove your affirmative defense, you can say, "Your Honor, I no longer have any records from that long ago, however, when this old account WAS on my reports it showed a DOLA of XXX" And THEN you can produce it.

You MUST assert your affirmative defense of SOL in your answer, otherwise you will lose.

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