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Internet rally
Jul 9, 2011, 05:10 AM
Like many others I am being sued by a junk debt buyer for $800.I am in Ohio but at the time the alleged debt occurred I resided in California. Does that make a difference on statute of limitations? Also does the SOL start from account date 9/05 or from the date of supposed lat payment 2/08? I had already sent a denial letter and request for original signed contract when I was sent the summons. I have now received the interrogatories and request for discovery and admissions. What is my legal obligation to put anything on the forms other than "the requested proof of the alleged account has not been provided by the plaintiff so alleged account can neither be confirmed nor denied" and would that be the correct phrasing to use? I know courts are particular.

ScottGem
Jul 9, 2011, 05:32 AM
The SOL goes from the last activity. Last activity may be defined differently in different circumstances. But date of last payment would be the earliest date.

You can try the 'I refuse to supply any info until the debt has been proven' tactic.