If you don t respond, they ll get the Summary Judgment. If you don t respond correctly, you can lose the chance to plead the Statute of Limitations. If you don t respond correctly, you can lose the chance to deny that they even have Personal Jurisdiction. If you don t respond correctly, you can lose the chance to assert that Venue is improper, and this should be in a different court due to Forum Nonconveniens. Once you respond, you can demand that they send you some proof of the debt. Until then, all they have to do is allege it in the complaint. If you re correct that their claim is time-barred, you might be able to have your attorney s fees paid by THEIR attorneys. This isn t for laypersons in a different state from the court. You re going to waste far more in gasoline just showing up for the hearings than representation will cost you, and if you you don t show up (personally or through your attorney), you re going to lose.
If there is a hearing scheduled and you cannot attend, you had better fax a letter over to the courthouse asking for a continuance and giving the reason you are unable to make it. Do this TODAY I highly suggest that you get a lawyer. But if you want to go forward without one, I can only give you very general advice because there are far too many facts and issues then can be decided here. Do a little research. Go to a law library. Gather all of the facts that you have available. If you need documentation, send a letter to plaintiff requesting copies of all documents they intend to use at trial. Be prepared and argue your case.
I would try going to the nearest law school and ask for help from the one of the professors. He may help himself or recommend a proficient student. Try contacting the public defenders office. If you are sure about the statute of limitations (these rules are trickier than most people believe and motions made before the due date automatically extends them) a letter to the court may clear up the whole deal but this is less likely. You may try talking to a lawyer offering a contingency fee. If he wins for you the court may assess his legal fee to be paid for by the claimant. The lawyer will know if such a possibility exists. Agree to make payment. At some point a lot of creditors will accept very small amounts on a renegotiated debt over a long schedule. Keep in mind that a ruling against you will pretty much ruin your life and credit history. If you do not come to some sort of conclusion you can be hounded for life, statute of limitations or not. (Maybe I should not point this out but debts can not be collected by dead people or their estates.)
If you blow off the summary judgment hearing, then the creditor will be granted his judgment, and you ll never have the opportunity to dispute the facts. If you cannot make the date in OK, then you need to get it continued. I quot;brieflyquot; searched the website for the OK court system, and they do not seem to have any small claims forms online, so you probably need to type of a motion for a continuance. If you are not an OK resident, then it quot;mayquot; be that OK is not the correct venue anyway, and you might be able to seek to have the case dismissed, which would make the creditor refile in Idaho. Richard
You must file an answer or the judgement will be granted, then you WILL owe the money. Have you asked for documentation of the debt s validity? If so and that hasn t been provided you should win the summary judgement. Also, you could hire an atty and ask for atty s fees. Whatever you do, DON T ignore it.
It is too soon for you to attend?????? You had better be in court or they will grant them the judgement in your absence. When you go to court you tell the judge that the statute of limitations has run out and that they have not provided you with any of the documents with regard to the account and you have asked them. Did you ask them in writing? You should have asked them in writing for copies of all transactions relative to this account. http://www.okdocc.state.ok.us/TITLE24/ch... http://www.okdocc.state.ok.us/TITLE24/ch... http://www.okdocc.state.ok.us/TITLE24/ch... Dealing with Debt Collectors: The Fair Debt Collection Practices Act is the federal law that dictates how and when a debt collector may contact you. A debt collector may not call you before 8 a.m., after 9 p.m., or at work if the collector knows that your employer doesn’t approve of the calls. Collectors may not harass you, make false statements, or use unfair practices when they try to collect a debt. Debt collectors must honor a written request from you to cease further contact. Look up the Fair Debt Collection Practices Act it is a Federal Law. They have to furnish a copy of the contract signed by you if they don t they don t have a case. The Statute of Limitations on a Contract is different than it is on any other debt. Good Luck, but make sure you are in court or you call the Clerk of Court to see if they can give you another date. They may not give you another date and in that case make sure you are there.
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