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Home > Money & Services > Bankruptcy & Debt   »   SOL defense pro se against an atty for old credit debt

 
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Old Nov 7, 2007, 04:18 PM
gracen
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SOL defense pro se against an atty for old credit debt

I recently went to court and into an arbitration meeting, pro se and using the SOL defense for a bill 0ver $13,000. The atty for the other side could not give a exact date of when i would have tried to pay this account within the 6 years (NYstate) time perios, and honestly, i have no idea what this debt is since it is so old, i can't even remember it. They were given an extension of time to see if they could come up with something on me, and i am wondering, should i ask for a debt verification letter, or discovery, now? I am to see them at the end of the month, and don"t wish to be be blindsided by info that they could have 'made' up somehow. My records were destroyed, and when i tried to get old bank records, I was told by the bank, they have no record of me there. so, i feel i am at the mercy of whatever they come up with. Also, can someone answer for me, if we are now before the judge and they do come up woth something and he disallows my defense, is there still time for me to make a settlement with them, so as not to incurr another judgment on my credit record?

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Old Nov 8, 2007, 06:15 AM   #2  
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Send request for discovery to them, to produce original contract you signed, complete accounting of the alleged debt, and a request that it is beynold the SOL.

Since they could not produce that date in the hearing , that is why they were given more time, next time state" Move to dismiss SOL has expired"
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Old Nov 8, 2007, 06:43 AM   #3  
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thanks< also, when I move to dismiss SOL has expired< i am asking that of the judge?
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Old Nov 8, 2007, 08:26 AM   #4  
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Quote:
Originally Posted by gracen
thanks< also, when I move to dismiss SOL has expired< i am asking that of the judge?

Yes, that is correct.
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