I recieved a summon for a credit card debt and filed a answer to it and had an affirmative defense of sol expired. Today I recieved a paper to appear in court on a certain day. There is nothing that states anything about the sol being expired why is this. Also in there affidavit it states that I have repeatedly acknowledged the correctness of the amount claimed which is not true I have never spoke to anyone about this debt.
You don't say why you are scheduled for a hearing. Did the company schedule a hearing to obtain a judgment? Unless you argue your position to the court, they won't consider it. The affidavit is essential to their proving their case on the SOL issue....reaffirming the debt resets the clock on the SOL.
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