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Received a summons, last payment I can remember paying is different than what my credit report says. I want to use the defense that this is past the SOL, but how can I do that when the JDB and the credit reports all say that my last payment was within the SOL. I don't have proof of my last payment, but I know for sure it was more than 6 years ago, BTW, I live in North Dakota.




Contact the OC and see if they can provide you with a statement or letter stating when the last payment was made. Whatever the SOL is in your state expires from that date.

Sub: #1 posted on Tue, 11/11/2008 - 11:20

dutchtuff dutchtuff

(Posts: 62 | Credits: )

I have tried contatcing the original creditor, they told me that they no longer have the account and that the colletor will give me the information, but since they have it, the last date of payment on my credit report is wrong.

Sub: #2 posted on Tue, 11/11/2008 - 12:05

Unregistered


Well, make sure you answer the summons before the deadline or they will be able to obtain a default judgment against you. Answer that you have no knowledge of the debt. Ask for validation of the debt during discovery and proof that their claim is within the SOL.

Sub: #3 posted on Tue, 11/11/2008 - 17:39

dutchtuff dutchtuff

(Posts: 62 | Credits: )

More to the point... They say you made a payment within SoL. You say you didn't. The burden of proof is on them. Make them prove you made the payment when they say you did.

How do they claim the payment was made? Checks or bank transfers can be tracked for years, as can credit card activity.

Sub: #4 posted on Tue, 11/11/2008 - 18:06

unclewulf unclewulf
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(Posts: 3172 | Credits: )

They didn't tell me how the last payment was made, they wouldn't be able to anyway, beacuse I never paid them. When I made my last payment is was to another collector.

Sub: #5 posted on Tue, 11/11/2008 - 18:48

Unregistered


My point was, they should be able to prove that a payment was made. In your shoes, I'd lay my old bank statements before the judge.

Sub: #6 posted on Tue, 11/11/2008 - 19:29

unclewulf unclewulf
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(Posts: 3172 | Credits: )

I'm not sure since it was so long ago, but I think I paid with money orders, like you said they need to prove it, don't think they can.

Sub: #7 posted on Tue, 11/11/2008 - 19:35

Unregistered


OK, unclewulf...my 'other half' has an almost identical situation to this one going on right now. So, if you can't prove that you didn't make a payment, whose to say they won't come up with a fake statement or false credit reporting to try and prove you did? How do you defend yourself against that? What do most judges require as proof?

Sub: #8 posted on Tue, 11/11/2008 - 23:54

dutchtuff dutchtuff

(Posts: 62 | Credits: )

If you have actually been sued then you are entitled to discovery which means they have to produce copies of their records to you so you can defend the case. PM me for more info.

Sub: #9 posted on Wed, 11/12/2008 - 01:12

floridaconsumerlaw floridaconsumerlaw

(Posts: 7 | Credits: )

Floridaconsumerlaw, would you mind sharing in this thread? There are lots of people who could benefit from good advice.

Sub: #10 posted on Wed, 11/12/2008 - 03:48

unclewulf unclewulf
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(Posts: 3172 | Credits: )


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