Q: How should I handle a case in which a debt collector purchased the debt from a no longer rental management company?
This event took place 13 years ago and there has been very little activity around it for 7 yrs. I presented a motion to dismiss based on dormancy, but the judge ruled against me and told me to answer the claim. I did .
What is my next step in my efforts to get this matter dismissed?
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A:
Why do you feel it will be dismissed? We probably need more information. You did not say anything about disputing the debt and you said there's been at least "some" activity for at least some of the last 7 years... What sort of activity? Have you made payments or acknowledged the debt in some way? When was the very last time? There might be a statute of limitations issue for the new owner of this debt, but we would need more info.
Pete
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I'm not your lawyer and unless you retained me, this answer is for informational purposes only. You should consult with an attorney with whom you have a relationship to confirm anything I have said above.
Tim Akpinar agrees with this answer
1 user found this answer helpful
A: You need to have an attorney review the case. There is not enough information in your question to advise you.
Tim Akpinar agrees with this answer
1 user found this answer helpful
A: In terms of a next step, it could be worth considering a consult with counsel. This is posted under Small Claims, which are usually simple and straightforward matters that don't involve complex and lengthy histories. This may be something where an attorney would probably want to know more about the file to answer your question meaningfully. Good luck
1 user found this answer helpful
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