work was 09/27/08 almost 4 yrs to the day (pa's statute) how can i verify that date for the payment is correct. do i just disbute it and let them provide proof?
You'd have to demand proof at the initial stages of the lawsuit. You'd probably need an attorney to do it properly, because it's a technical, legal argument, as opposed to a factual one. If the suit was filed in Common Pleas court you'd file Preliminary Objections.
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This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship. To get legal advice, consult an attorney in your local area or the area where the issue is located. It should not be relied upon as legal advice. The response is based on the limited facts provided, and without any independent investigation of the author. Given additional or different facts, the response would likely change. The attorney providing this response is only licensed in Pennsylvania, and you should contact an attorney in your jurisdiction if it is outside Pennsylvania.
Lawsuit / Dispute Attorney
What you want to do is obtain a current copy of your credit report. You can obtain one at www.annualcreditreport.com. Look up the account and find the date of the last payment.
As far as the lawsuit, generally we advise everyone to obtain a consumer defense attorney. The response to the lawsuit is crucial and if you file the wrong one you can waive many defenses that are available to you. A good consumer attorney, whether its someone from my firm or another, should offer a free case review to advise you of your chances at success and the proper response to the lawsuit.
The statute of limitations is not the only defense to a credit card lawsuit. In fact, I dont find that it is used very often at all. There are several other defenses that are available. The SOL may not be 4 years, depending upon which credit card you had. Some cards have shorter SOL's. Again, contact a consumer attorney for a free case review.
My colleagues are correct. It is important to stress that the statute of limitations is an affirmative defense, meaning you must raise it in response to the lawsuit. Therefore, you should contact an attorney right away.
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Wills and Living Wills Lawyer
I would suggest you personally and without delay contact an attorney to discuss the matter. Assuming the suit was filed in the Court of Common Pleas and you were not served until September 25, 2012, you have sufficient time to consult with an attorney who will advise you as to whether you have a basis for defending/disputing the action. If the suit was filed in a local Magisterial District, the time period for you to act may be shorter.
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Mr. Geisenberger is a Pennsylvania-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Jacques H. Geisenberger, Jr., P.C.,does not constitute legal representation, nor is any information you provide protected by attorney-client privilege.