To summarize, I was served a summons in August of 2009 by Mann Bracken for a case involving Arrow Financial. Arrow Financial is claiming I entered into an agreement with them to pay back money owed on an account they bought. I never entered into any type of agreement with them, nor have I ever spoken to them on the phone. I answered the summons as instructed, either denying the statement or stating there wasn’t sufficient evidence to support the claim. I have admitted to nothing. I also included in the affirmative defenses that the SOL had expired. In NC the statute is 3 years. My credit report shows the last payment made to the account in question was April 2006. The summons was filed June 2006.

I assumed because the SOL had expired, the issue would be dropped. However, in November 2009, I received a Discovery Request from Mann Bracken. While the discovery still listed Arrow Financial, it listed the name of a HVAC company instead of the credit card company as the company being represented by Arrow. This is a company I have NEVER dealt with or even heard of. To the response of the discovery requests, I listed the answer to each “I do not now nor have I ever had an account with this company”.

Last Friday, I received a letter stating I was being taken to court February 15th. Up until now I have not used a lawyer. I contacted a lawyer last week who informed me he couldn't handle my case because it's not in his jurisdiction. HOWEVER, he informed me that Mann Bracken ceased to exist as of last week because their parent company filed Chapter 7. He recommended I file a motion to dismiss based on the SOL and the fact that Mann Bracken is no longer.

Can anyone direct me on what is needed to file? Do I simply go to the courthouse and do it there? Do I need to type something up? Any help would be appreciated...

Thanks!

If this is Small Claims, then they are not as formal. I'm assuming you made a type and the suit was filed June 2009, not 2006. Otherwise whether the SOL has expired would be in question. Even if it was June 2009 that is close enough. Even if the credit reports shows April 2006 as the last activity, that may not be accurate.

So, you should be able to get this dismissed on the grounds that MB is defunct. Which means that Arrow may refile with another firm.

Just write a letter saying:

In the matter of Docket <insert Docket#>, Mann Bracken against (insert your name>, I am requesting a dismissal of this suit due to MB closing its doors as part of a bankruptcy. Attach articles (you can find loads of them on the Web about MB's troubles) confirming this.

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Originally Posted by ScottGem

If this is Small Claims, then they are not as formal. I'm assuming you made a type and the suit was filed June 2009, not 2006. Otherwise whether the SOL has expired would be in question. Even if it was June 2009 that is close enough. Even if the credit reports shows April 2006 as the last activity, that may not be accurate.

So, you should be able to get this dismissed on the grounds that MB is defunct. Which means that Arrow may refile with another firm.

Just write a letter saying:

In the matter of Docket <insert Docket#>, Mann Bracken against (insert your name>, I am requesting a dismissal of this suit due to MB closing its doors as part of a bankruptcy. Attach articles (you can find loads of them on the Web about MB's troubles) confirming this.

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Sorry. The summons was filed in June 2009. I feel certain the last time a payment was made on the account was well before April of 2006, but that is what all three credit bureaus are currently showing. Wouldn't the SOL expiration be true in this case since the summons was filed 2 months after the 3 year timeline?

So I simply need to write a letter to the court and go in person to file it? Nothing more official than that? Should I mention the SOL as well?

Thanks!

SOLs can be very complex so I would not assume that the SOL expired.