Business Debt, Collections Going to trial to fight credit card debt past the statute of limitations...

[96petals]

The date is set and I am freaking out! I have already beat the summary judgment hearing but need help closing this case in my favor. This debt was only $2100 in 2004 they waited until it was $8340 in 2011 and want me to pay. I have shown the last payment I made was in June of 2004, I have letters showing my account was in trouble in 2004, they have slept on their rights for 7.4 years, the SOL is 6 years. In my reply to the motion for summary judgment, I requested documents and admissions, they never replied. At the hearing, the plaintiff said I had waited to long in my reply for him to have to respond. After the hearing I recieved from the court, papers which said discovery should proceed with the cooperation of each party, I took this to mean that the plaintiff would have to answer my earlier request for production of documents and admissions. Instead I got papers for a bench trial. Was I suppposed to re enter my request for POD & Admissions? Is it too late to request anything now? I don't really want to go to trial but is there any other way to get this dropped? Motion to Dismiss?
Thanks

 

[mightymoose]

You should have asked for dismissal at the very beginning. That may be the only reason they are still trying. Surely they are hoping you will settle. That is the only way they will get anything. If you don't get it dismisses before returning to court then be sure to ask for dismissal immediately when you get there.

 

[army judge]

Bankruptcy will cure this problem.
Never dance with the devil. If the SOL had run, never wise to fight over it. A slight misstep, restarts the clock.
Never dance with the devil.