court date 3/19

Did you include in your answer that it was past the sol? SOL will get the case thrown out for sure. Do you have any documentation as to when the lat payment was made? Make sure you show up for the appearance date no matter what. okay?

Texas expert will be here soon...
:)

I asked for them to prove that it was not past SOL> I will be going there for sure. Thanks for your reply

You will need to prove that the SOL has expired, not them. What documentation do you have substantiate SOL? Is this in a JP court?

I have no way to prove this. I don't recall having an account with the credit card co. they state.
Yes, a J.P. court.
thanks in advance

Did you ever send them a DV prior to being sued...did they ever contact you about this prior to being sued? JP court seems to be a bit informal. You should show up and deny the debt. If they never contscted you before, just went straight to suing, note that had the company contacted you prior to filing suit, you would have noted that it was a mistake and taken steps to dispute the debt.

If you did DV, then get a copy of the texas debt collection laws and note that by texas law a company HAS to provide documented validation in 30 days.

Either way inform the judge the judge that you dispute this debt and would like to see documentation proving the claim. That way, even if they do provide documentation, they would also have provided the date of last payment, or a last statement date, which would prove SOL and you could just point that out to the judge.

Try to get it dismissed as not your debt, because if it is over $600, and it is dismissed by SOL..you WILL get a 1099-c issued over it and you will still wind up paying something on it anyway.

Dallas county by any chance?

Thanks for the info. No, not Dallas. @ 250 miles south

Start reading up on TX Civil Practices and Remedies and the Texas Finance Code Chapter 392. Is this the company suing:

Principal Name: NorthStar Capital Acquisition LLC # 18

Address: 220 John Glenn
Amherst, NY 14228
File Number: 20070029
Status: Active
Date Filed: 2/8/2007
Cancellation Date:
Phone:
Bonding Company: International Fidelity Insurance Company
Bond No: 0434435

Yes, that is the company. Thanks for the info.

well, I showed up for the court date and went to the clerk to sign in. She verified that it was me. She said that the atty has asked the Judge to dismiss the case. Yehaaw!
I didn't think of this then, but should I ask the court to dismiss the case with predudice so this matter will not come up again??
Thanks to everyone.

WAY TO GO.... Demand your right and you will be given justice. Good job.

With Prejudice is preferred.

If case is dismissed without prejudice, does that mean that plaintiff can try and sue you again later?

Yes

Thanks for the help Nascar. I will file a motion to dismiss with predjudice tomorrow. Just hope it's not to late. If it is, I will just keep my fingers crossed>>>>

After the plaintiff files a motion to dismiss with out predjudice, can you still file a motion to dismiss with predjudice? My appologies for budding in on this original post subject.

if they filed to dismiss without prejudice, it simply means that they cannot prove their case, but they are trying to leave the door open to bring suit later. Sometimes, a CA will do this so they can try to file a second lawsuit somewhere else, where you wont hear about it. They may then have the summons served at an old address, and try to get a default judgment. It happens....

I would still move for dismissal with prejudice myself, because they cannot meet the burden of proof. The court may not grant it but it is worth a try.

I talked to legal assistant for attorney for Palisades yesterday and she said that Palisades already sold the PIF debt to another CA. (CA called Track America) They sold the debt even though they sent me a letter stating that the account had been settled in full. I wonder if Palisades sold the account right after or even before they filed lawsuit.