If anyone can make any suggestions, please let me know. I asked for validation of debt through a letter format I found under the Fair Debt Collections Practices Act and mailed that to them and filed the letter with the Court downtown with my certified mailing. I then got a free credit report on line, and when their proof came back to me, the dates were not in accordance with the information stated. They sent a set of interrogatories which I ignored, as I had read from a source here that it is up to them to prove the debt. I just recently received a mailed copy of a Motion for Summary Judgment, but it is not a filed copy as of yet. I have drafted what I name as
Defendant's application requesting plaintiff to submit motion to dismiss without prejudice.
Comes now, the Defendant, and requests the Plaintiff dismiss without prejudice the above styled action. Defendant contends that Plaintiff's Response to Defendant's Request for debit validation in the form of a letter, copy attached is inaccurate. Defendant present a copy of % credit report with % fiancial institution, % Account #, which indicates it is a Revolving Account, opened on % and closed in 2002 and contends that the Statute of Limitation is a valid defense and that Plaintiff did not file the above action with the three year time frame defined in Oklahoma Statute 12-3-95 (2), which is the statute that governs Limitations of Actions. The Fair Credit Reporting Act is clear in Sections 605 (C) (1) and 623 (a) (5) that the commencement of the delinquency begins when the first payment is missed and is considered delinquent from that point on when no further payments are made. The last payment on this account was at least 6 months before the closing of the account. Revolving Charge accounts have a 3 year limit. The Oklahoma Statute governming the definition of a Revolving Charge Account is found in Oklahoma Statute 14a-2-108 (1) (2). Further, the definition of a consumer credit contract versus open end credit plan is found in the Truth in Lending Act, and it is clear by the attached credit report on the above account that it originated as a revolving account in the form of a credit card. Defendant therefore submits application requesting that the Plaintiff dismiss without prejudice the above styled action.
I probably need to actually quote each statute's verbage. I was surprised to find that after the charge-off that each company changed the definition of the account and the type of account. And in researching OSCN and seeing how many people are just having their money taken long after the statutes are out is prompting me to post this, hoping that it helps someone. I remembered when I tried to work with them during that hard time, and somehow they must charge off and sell for a good amount, and then the collectors that buy them collect far more through the fees and interest. It amazes me that the overlimit fees, and the late charges just kept adding up. And of course there is so much shame attached to not being able to pay and getting behind anyway, that a lot of people don't examine their rights and are further exploited. Also make sure you get a credit report that does show the date your accounts were closed.
Anyway if anyone out there knows anything more about civil process. This is what I have drafted, but if any different wording, or is the verbage correct, in terms of using this as an application. I am open to suggestions. I have one other one from another junk creditor that is not even on my credit report as the initial company does not even show up on my credit report.
I have information from a credit report I ran before I ran into hard times with the name of the original company and identifying numbers, but I was so surprised at how these collectors capitalize in such a way when information cannot be found, especially taking the time to find it, and they can get a default judgment and it may not even be your debt. So I want to encourage people to just google, search and find sites such as these that lead them out of fear into knowing what your own legal rights are.
If anyone knows anything about civil procedure, please respond pronto, open to any suggestions.
And also I just now read something as my answer asking for proof came about 3 months later. Were they supposed to respond within a month? And then it contained nothing about the original account.
Also when I searched is how I discovered this site which gave me a starting grounds. I thank all those that input and I hope what I have put helps. Feel free to advise and direct further.
Ejk
Oklahoma City, Oklahoma
U.S.A.
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