Oklahoma City, OK asked in Consumer Law and Collections for Oklahoma

Q: Why is the Pushmataha Court allowing a debt collector to sue me for a debt over 7 years old with no further contact?

Last contact with debtor was a letter dated 2015 asking for debt forgiveness.

I've responded to the Motion for judgement and motioned for case dismissal, with copy of letter to creditor with Affidavit. Motion to dismiss was that the debt is 7 yrs old and well passed the statute of limitation, they failed to service paperwork stating that I was not a Veteran, and that I was a Veteran.

I have made 4 trips so far to court.

The debt collector failed to serve me their statements that stated I was not a Veteran. I enclosed proof in the motion to dismiss of my 100% service connected disability Veteran status. I served the debt collector all my responses with return receipts required.

I am not well and the stress has greatly affected my health.

I do not know why the Judge is allowing this to continue and has not responded to my motion to dismiss.

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1 Lawyer Answer
Barry W. Kaufman
Barry W. Kaufman
  • Consumer Law Lawyer
  • Jacksonville, FL

A: Your veteran status has no bearing on anything. A motion to dismiss is inappropriate as a response to a motion for judgment. If you did not answer the allegations of the complaint, the plaintiff obtained a default. If you did, your answer may not have raised, in the eyes of the plaintiff, any defenses that would convince a judge to not enter judgment on a motion to do so. I assume under Oklahoma law that the plaintiff filed an affidavit supporting its motion. Your affidavit should raise facts that would cause the judge to see that there is a legal issue requiring a trial to resolve.

If the plaintiff filed suit before the statute of limitation ran, that kills your SOL argument.

Lastly, if you want your motion heard, you have to get it scheduled for hearing.

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