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What is the name of your state? Oklahoma
That is just too funny. What a bunch of tards must be in power round here. His posts have been abusive much longer than you give credit, and all his old posts are still viewable. Seems to me if you really banned him, he and his posts would be erased...
The SOL is 5 years on written contracts. I'd call an attorney and ask when the cause of action starts on a repo.
If your past 5 years on their cause of action, you can send them a cease and desist communication letter certified mail. I'f they dont stop then you will have a claim against them...
If the web page spreadsheets are correct, the longest cause of action (breach of written contract), is 5 years.
If you have not paid on this debt or sent a signed acknowledgment of the debt in 11 years, they are SOL. They can still sue you fon non payment, but it would be tossed out for failure...
Are you getting sued?
Only one Oklahoma judge has ruled a CC is a contract in writing (at least that made the appelate courts). In that case the creditor produced signed receipts which was the basis of the ruling. It was affirmed by the appelate courts.
The main thing is fight them and learn...
Credit cards are open ended accounts.
There is not a specific C/C SOL referenced in the OK statutes.
That leaves 12 O.S. 95 (1) contracts or agreements in writing, 12 O.S. 95 (2) contracts or agreements express or implied not in writing, or 12 O.S. 95 (12) other catch-all.
The first and last...
I can show you all properly contested cases (at least Okla cases) ie: answer to petition filed and requests for admissions answered, are dismissed.
If there is no counter filed the case is dismissed without prejudice. If there is a counter filed it is mutally dismissed with prejudice.
I can't...
"Really. They did not follow the rules of civil procedure? What would those rules be?"
Rules of discovery; Timely answering requests for admissions
"They relied soley on the SOL defense? Thats not enough?"
It's plenty as long as you can effectively argue it. Depends on if your state defines...
The only losers v JDB's I have seen
1) did not follow the rules of civil procedure
2) relied exclusively on the SOL defense
Those who fight and have a general idea of what they are doing get the case dismissed long before a judge hears the SOL defense.
If you have a recorder, answer the phone, and are harrassed, you could see next years Daytona in HDTV :D
The percentage of people who know their rights are so minute, when you do answer the phone, they will violate the FDCPA.
After they received your first cease communication letter, they are allowed (1) communication and it can not be a collection attempt.
The fdcpa is here http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#805
Read section 805 (c) which deals with ceasing communication. If they violated that, they...
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