Suing Your Creditors > Sample Pleadings

MTD and credit report

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KFMAN:

--- Quote from: alexander323bc on June 06, 2012   05:55:45 PM ---I am new here and the search function pulled out way to much stuff to sort through all of it. I am sure this is a re post but I could not find it.  So you can just point me in the right direction :)

I am new york state in County Court. I have sent disclosure already and waiting for a follow up response. In the mean time I am working in filing a motion to dismiss based on the SOL of 3 years working off the case law court of appeals in 2010 ( i don't know the name off the top of my head) My question is will a copy of my credit report showing First Date of Delinquency work in an MTD to show the date of SOL? I don't have any bank statements or anything.   Do I need the Plaintiff the verify the report that its the correct date? If so how do I do this?

--- End quote ---
Who is suing you JDB or OC?

Why don't you ask for it during discovery?

If it's past SOL and this is a JDB, then that is a FDCPA violation.

alexander323bc:
Its a JDB and ask for what during discovery? its call disclosure in new york for starters but its the same thing. I did ask for the date of last payment and they did not provide it. I submitted my MTD based on the SOL outside of 3 years using New York's CPLR 202. I have a pre trial conference on the 10th. I doubt by motion will be hear or answered by then, I am presuming the judge will mention in at the hearing, Anyone have any idea's how I should prepare for the conference? The plaintiff and its Attorney only provided 3 billing statements in disclosure, that is it. No bill of sale, no agreement of any kind no last date of payment. Nothing but 3 billing statements.

KFMAN:
JDB see Chain of Custody.

Ask for what the DOFD was in Discovery.

If it's out of SOLand they filed suit, that alone is an FDCPA violation.

Admin0619:

--- Quote from: alexander323bc on September 28, 2012   03:12:43 PM ---Its a JDB and ask for what during discovery? its call disclosure in new york for starters but its the same thing. I did ask for the date of last payment and they did not provide it. I submitted my MTD based on the SOL outside of 3 years using New York's CPLR 202. I have a pre trial conference on the 10th. I doubt by motion will be hear or answered by then, I am presuming the judge will mention in at the hearing, Anyone have any idea's how I should prepare for the conference? The plaintiff and its Attorney only provided 3 billing statements in disclosure, that is it. No bill of sale, no agreement of any kind no last date of payment. Nothing but 3 billing statements.

--- End quote ---

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alexander323bc:
Ok Thanks for the reply. Yes its a JDB if anyone from ny is familiar with Malen and Associates that is the plaintiffs attorney.

During disclosure they did not provide a date of last payment or fdod.

I provided that using the billing statements the sent, copy of my bank statements and I threw in a copy of credit report that is probably meaningless.  Apparently they are not admissible in court.
 
I will look at the chain of custody. I have a pre-trial hearing on the 10th

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