Going to Court. Am I ready?

[wert]

Florida

I was sued by a CA and have a court date with an arbitrator next week. The suit was for less than 2 grand but have these factors to bring up, which should immediately get the suit dropped. Am I correct in the importance to the court:

1. The SOL is up. I asked for validation to prove the dates, and they never responded. A credit report shows last activity was when they bought the original debt, but is wrong because I never paid the CA anything, only the original creditor.
2. They CA is not licensed in my state to do business. I have hardcopies from the state saying they had to be and the last time they were expired in 12/01.

I figure I have enough of a case to have it dropped and have the CA remove any notations and I'll drop any reason to sue them.
Am I correct in my thinking??????

 

[bigun]

Do you have your Experian report? It has a "comeoff" date that should allow you to approximate the last time you paid the OC. Also, do you have any old dunning letters or, any statements showing you being charged a late fee?

 

[wert]

I don't have any old dunning letters.

The funny thing is the SOL is four years. The OC shows last activity as 3/99 and the CA shows last activity as 4/99-the date they bought the account. I never paid the CA any money, so there was no last activity. And the OC really should be 1/99 or before.
They didn't validate and there is no way the CA can prove last activity within the four years.

 

[bigun]

Well, there're supposed to stay the proceeding until they furnish validation.

http://www.licatalaw.com/articles/article_collection.htm

 

[Jinsing]

DLA

I would dispute the DLA (date of last activity) I had a creditor also attempt to lie to extend the statute of limitations. Not uncommon for them to list whatever date they want in order to collect in my opinion

Most CRA's will let you dispute online...also notify your arbitrator.
Submit any proof you have.

I had the same problem....was able to get one removed from my credit report...

Good Luck

 

[Jinsing]

DLA

I would dispute the DLA (date of last activity) and or date of delinquency. I had a creditor also attempt to lie to extend the statute of limitations. Not uncommon for them to list whatever date they want in order to collect in my opinion

Most CRA's will let you dispute online...also notify your arbitrator.
Submit any proof you have.

I had the same problem....was able to get one removed from my credit report...

Good Luck

 

[Ladynred]

I agree.. but I would not dispute on-line. You need to dispute it in writing. However, as far as your case is concerned, sounds like you have what you need to get the thing dismissed entirely. Once you bring up the SOL issue, its up to the suing attorney to prove that it has NOT expired.. and using a fraudulent date won't help them. Just be prepared with proof of your own that it HAS run out.