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gracen · Nov 7, 2007, 05:18 PM

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 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?

mr.yet · Nov 8, 2007, 07:15 AM

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"

gracen · Nov 8, 2007, 07:43 AM

Thanks< also, when I move to dismiss SOL has expired< I am asking that of the judge?

mr.yet · Nov 8, 2007, 09:26 AM

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.

rolandstein · Oct 17, 2010, 10:01 PM

Depends on how much energy you want to put into it. First, go to Ezzani.com and buy an ebook for $15 called "how i beat capital one and lrlo." It will help you if you go through this again. It has motions, answers, discovery, etc. It helped me win two lawsuits. Then, hire an FDCPA lawyer. They sued you hoping on a default and did not have the right paperwork-this is a clear FDCPA violation for harassment, among others. Finally, if they don't produce it, move for a dismissal, but don't sign a release of not suing them for FDCPA. In California, you can sue for the state statute and get an additional 2k+ attorney fees.