I received a summons to appear before the Magistrate in my county in regard to a lawsuit filed by Marcadis and Associates (this was their first and only contact with me). The debt they are attempting to collect has had no activity since June. I informed the Magistrate that I did want to go to trial, as the debt is past the statute of limitations.
I printed my current EquiFax credit report and the debt has already dropped off the report, so I went to my credit union where I applied for a loan in 2006. They had the credit report listing the debt with last activity in 6/00, however, they would not let me have a copy of it. I have one other place where I applied for a loan in 2006 so I am hoping to be able to get a copy of that report. Is it my burden of proof to show that the debt has had no activity since 2000? If so, once I get notice of a trial date, at that time should I make a motion to quash based on the age of the debt? Is that motion by letter or is there a special form I should fill out?
Any help is appreciated.
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