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#1
08-27-2008, 02:44 PM
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SOL has passed
Worldwide Asset Purchasing has had a summons issued in VA court regarding a credit card debt with an SOL of 06/07/08. The summons is dated 8/19/08. Is there a defense here?
Also, they filed against me last Jan. 08 but the claim was dismissed because they could not validate. Now, on the new summons (also a new filing) there is an affidavit from a Worldwide Assets Attorney Relationship Manager from GA stating the debt is valid and that she can testify to it. Although, I dont know how. One of the documents attached shows the SOL as 6/7/08. I dont get whats going on. 
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#3
08-27-2008, 03:28 PM
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Also the affidavit is probably worthless unless the manager can prove that he was there when the agreement was made. Also ask the court to require this person's pressence at the hearing so that he can testify to how he knows the debt is yours. It is highly unlikely that he will show up and it is extremely unlikely, if he does, that he will commit perjury and subject himself to criminal charges.
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#4
08-27-2008, 03:45 PM
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Would they actually include a noterised affidavit with no intention of backing it up? Is this some kind of scare tactic?
Thanks for the answers BTW. Is it possible for a judge to disregard the SOL if they filed suit against me back in Jan of this year and the case was nonsuited?
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#6
08-28-2008, 09:41 AM
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Those affidavits are not worth it as toilet paper let alone something that can actually stand up in court. For one, it is hearsay and like stated before this person can't possibly testify to personal knowledge 9without commiting perjury).
It doesn't matter if they attempted to sue you before, it is still out of SOL...though this time be sure to motion to dismiss with prejudice, so they can't sue you again. You honestly should have done this the first time around since they had no proof the debt was yours....
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