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    amygalan's Avatar
    amygalan Posts: 2, Reputation: 1
    New Member
     
    #1

    Oct 7, 2008, 12:36 PM
    Request for Hearing
    I recentley received a letter in the mail from the collection company trying to collect on this debt owed to a bank for a credit card. There has been no action since the pre-trial hearing as we denied the debt and have been shown no proof of Any signed contracts, reciecpts, etc. Only copies of the bills from 2004, and the copy of the contract they send in the mail with your statement, not any proof of any signed contracts, they also have the wrong birthdate on the paperwork. My question is they have filed for a request of hearing for final disposition and I need to know what I can do from here to get a lack of proof, or something to hold them from just getting a final judgment on me because they say our denial of debt is not a defense? What can I do from here or what can I file to have this heard?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Oct 7, 2008, 12:45 PM

    Show up at the hearing and demand they produce proof. If they don't ask the judge to dismiss.
    Justice Matters's Avatar
    Justice Matters Posts: 210, Reputation: 27
    Full Member
     
    #3

    Oct 7, 2008, 03:33 PM
    Depending upon your jurisdiction and your account history the debt may be statute barred due to the expiration of a limitation period. In many jurisdictions the limitation period for bringing a liquidated claim is two years.

    If you advise which your jurisdiction you are in you may receive some answers specific to same.

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