Hi, My sister is being sued by a collector for a debt from 1997. A Credit Card.
She received a registered letter from the lawyers and the court stating that
She was being sued by this credit card company. The letter stated that it was from
1991. In Ohio I believe it is 7 yrs, the Statue of Limitations on Credit Card Debt.
She wrote back a letter (sent registered return receipt) informing them She new her rights on the Statue of Limitations. She also sent a copy of that letter to the courts.

Her letter stated that she new the Statue of Limitations Not to bother her anymore. If anymore letters were sent, they must send her All Original Documents for what they were suing her for.
A week later she received in the Mail her court date. (4 months from now)
And also, the Lawyers sent her papers that had questions on it that she should answer
Yes or no to
Question's Like Did you open an account with this credit card company
Did you leave a balance owed
Did you give permission for someone else to also charge on it

Are they trying to get her to admit to having this Debt?? Would't this be a tactic that
They would use to start of the statue of limitations again?
There is already a court date which she must attend, are they trying to get her to admit
This?
Secondly, they also provided her with what they call PROOF of the debt.
Get this, In a Floppy Disk. (Not Original receipts like requested)
I happen to have an older computer that had a floppy disk drive in it, and when I put it in
I could not get any readings out of it. It said it needed to be formatted.
But nothing would come up.
That's not legal is it?

What should she do about this?
Any advice would certainly be helpful
Sorry such a long post :confused:

Quote:

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Originally Posted by DynamicOne

Hi, My sister is being sued by a collector for a debt from 1997. A Credit Card.
She received a registered letter from the lawyers and the court stating that
she was being sued by this credit card company. The letter stated that it was from
1991. In Ohio I believe it is 7 yrs, the Statue of Limitations on Credit Card Debt.
She wrote back a letter (sent registered return receipt) informing them She new her rights on the Statue of Limitations. She also sent a copy of that letter to the courts.

Her letter stated that she new the Statue of Limitations Not to bother her anymore. If anymore letters were sent, they must send her All Original Documents for what they were suing her for.
A week later she received in the Mail her court date. (4 months from now)
and also, the Lawyers sent her papers that had questions on it that she should answer
yes or no to
Question's Like Did you open an account with this credit card company
Did you leave a balance owed
Did you give permission for someone else to also charge on it

Are they trying to get her to admit to having this Debt??? Would't this be a tactic that
they would use to start of the statue of limitations again?
There is already a court date which she must attend, are they trying to get her to admit
this?
Secondly, they also provided her with what they call PROOF of the debt.
Get this, In a Floppy Disk. (Not Original receipts like requested)
I happen to have an older computer that had a floppy disk drive in it, and when I put it in
I could not get any readings out of it. It said it needed to be formatted.
but nothing would come up.
Thats not legal is it??

What should she do about this?
any advice would certainly be helpful
sorry such a long post :confused:

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Save the letter and the floppy disc so when she see the judge she can give them to the judge. Don't fill out the letter just hang on to it and see if they send you anything more or not. It sounds like they don't have much in the way of proof of this old debt.

File motion to dismiss the sue in the court where they filed, natoed that this alleged debt is pass the SOL in that state.

By filing to MOtin to Dismiss the court will dismiss the action against the defendant.

The court will not waste their time on this matter since it has passed the SOL