Suing Your Creditors > Sample Pleadings

MTD and credit report

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alexander323bc:
I got the answer to my motion. They do not dispute the SOL of 3 years. They are stating I made a payment in September of 2009 and provided an affidavit from the plaintiff stating there records show its with in the SOL. The Affidavit did not mention this date all just that there records show its with in 3 years. They did not provide any document or proof showing this payment. I have my motion hearing and pretrial Thursday the 1st. This should be interesting.

BigSal:

--- Quote from: alexander323bc on October 30, 2012   04:59:20 PM ---I got the answer to my motion. They do not dispute the SOL of 3 years. They are stating I made a payment in September of 2009 and provided an affidavit from the plaintiff stating there records show its with in the SOL. The Affidavit did not mention this date all just that there records show its with in 3 years. They did not provide any document or proof showing this payment. I have my motion hearing and pretrial Thursday the 1st. This should be interesting.

--- End quote ---

I bet your motion will be denied due to the disputed facts. 

I would ask to depose their witness if the motion is denied though it will be expensive.

Does the affidavit establish that this person can competently testify to this matter?

kickinanscreamin:
I would use the credit report showing the default date that you prefer.  My argument would be that it is the date reported by the original creditor and is required to be accurate under FCRA.  I might also ask if the creditor is willing to admit, for the record, that it violated the FCRA by submitting a false report.

Admin0619:

--- Quote from: alexander323bc on October 30, 2012   04:59:20 PM ---I got the answer to my motion. They do not dispute the SOL of 3 years. They are stating I made a payment in September of 2009 and provided an affidavit from the plaintiff stating there records show its with in the SOL. The Affidavit did not mention this date all just that there records show its with in 3 years. They did not provide any document or proof showing this payment. I have my motion hearing and pretrial Thursday the 1st. This should be interesting.

--- End quote ---

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