BIGUN, JETX, LADYNRED & KEVINSS -Just had court

[TToby]

What is the name of your state? IL

First off, BIGUN, JETX, LADYNRED & KEVINSS: Thanks for all your help. I really don't know what I would have done without your assistance.

I had court yesterday and they set a trial date. I tried to get the case dismissed based on expired SOL but the judge said I had to argue that at the trial. Tha plaintiff's lawyer is a total sleaze (what a surprise) and said that he had sent the appropriate documents to me regarding my original request for validation. I tried to tell the judge that all he sent me were 2 statements from 1997 but he wouldn't listen. All he wanted to know was if I disputed the debt, which I do, and then he set the trial date.

So, now the lawyer knows what I'm going to argue (and will probably come up with some ficticious payment) and I have yet to receive any validation.

I'm just so frustrated, between the long drive and a very long walk at 37 weeks pregnant (in a suit and heels, mind you) and then you don't get to say anything - what a waste of time. So now I'm going to try to file a counterclaim (if they allow it) for re-aging, not validating, and not reporting that the debt is disputed. Maybe when the lawyer sees that I'm suing them for more than they are suing me, he'll drop the case.

Thanks again to all. I'll give you another update in 2 months after my trial.

 

[Ladynred]

37 weeks and a long walk in heels ?? OUCH !!!

However, the trial date is actually a good thing. You can bet the sleazebag lawyers will scramble to try to disprove your defense, but its YOUR affirmative defense, that means THEY have to prove its NOT beyond the SOL.

I realize you've got much bigger things to deal with - a baby's arrival, but you have 2 months to pull together all the ammo you'll need to stop these scumbags. Your cross-complaint for FDCPA and FCRA violations will throw a monkey wrench into their little suing-machine.

On a nicer note - found out today that my niece will be delivering the first girl grandchild in the family TOMORROW (if she doesn't deliver today)!! That makes me a great-aunt for the SIXTH time -- and the other 5 are BOYS !

So.. congrats on the STB new arrival

 

[bigun]

With all you've got going in your life right now, I'd say you done good! Absolutely, get on offense!
Wait until early this evening, and post this entire story at www.creditboards.com {be more traffic} and you'll get lots of help. THere are number of lawsuit templates on that site and a lot of veterans from these sorts of battles. LIR is correct. By not only fighting but, filing your own lawsuit you've jacked the cost of this collection to where it likely is now a money loser for them.
BTW, with a new baby, don't be shy in asking for a continuance if you feel the need. Best wishes fora safe and healthy delivery!