Re: Being sued for old CC debt - need advise, please.

Posted by Why Chat (209.240.205.61) on July 30, 2004 at 18:02:28:

In Reply to: Being sued for old CC debt - need advise, please. posted by cerealgirl on July 30, 2004 at 15:47:57:

If you can deliver your answer and notice of appearance to the Court, together with a certification that you mailed a copy to te plaintiff, the case will likely be dismised. If you don't have time to get it to everyone BY the 3rd, then bring 3 copies to the hearing.

MAKE SURE you do not get talked ito a "settlement" MAKE SURE your answer and affirmative defense is ENTERED in yur case file.

DO NOT let the CA lawyer pursuade you that you are mistaken about the SOL. (the Del. SOL has NO bearing).

If the CA lawyer does not show, or asks for a continuence, OBJECT and request a dismissal with prejuidice and sanctions for bringing a frivolous lawsuit that violates Tx Civil Procedures and violates Tx and Federal Fair Debt Collection Practices.

Your SOL in Tx started from the last payment or charge you made on the account to the ORIGINAL creditor,any payments made to anyone else, or after you could no lnger use the account do NOT extend the SOL.

IF the CA tries to show that there were credits placed on the account AFTER your last payment, THEY DO NOT COUNT-

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