warrant in debt Midland

[SeanAndrews]

I received the "Bill of Particulars" from Midland, which basically included:

1. an affidavit of sale, which does not list my particular account # and only refers to a "pool" of accounts

2. a "bill of sale", which once again does not list my account number, but rather has a couple blacked out boxes that may have listed my account number. 

3. copies of various OC credit card statements...none of which show a payment that would make this debt within the SOL (however i did make payments to the OC's CA that would still be within SOL, but those payments were not offered up as proof). There is also a computer printout which states my date of last payment.

My proposed defense would be:

1. the affidavit is inconclusory,  means nothing and is not tied to my account#.

2. I do not know if the blacked out boxes are like that due to the public record, and that the court actually has the true copy not blacked  out. Therefore i am not sure if I could challenge this, i just dont know what the court might have as their copy.

3. I feel that Midland actually helped my case here by showing REAL statements with payments made that now make this debt out of SOL. The computer printout they gave which simply said i last paid in 2010 has little to no meaning? 

4. According  to the suit, they are suing for $4158, yet the credit card statements show that I last owed over $8000. Not that i would want to admit to more, but my defense here would be that they have not proven the amount  they are suing  for.

Does anyone have any other advice for me? My grounds of defense are due in a month.

thanks all!

[guiness56]

If the debt is outside of your current states SOL that would be about all you needed as an affirmative denfense.  Once the judge says it is outside SOL, it's a done deal.

[SeanAndrews]

I thought so too. I guess the unknown to me though is whether they are allowed to offer up further prrof during the hearing, or would that be inadmissible since it would be new evidence?

Like i said, they did offer up what they probably consider "prrof" - a computer generated printout stating that I paid in 2010 (which keeps it within SOL). However, they showed no other proof of that, and the only proof they did show of me making payments was back in 2008.

My guess is that they do NOT have evidence of these newer payments because the payments went to the OC's CA and never showed up on my OC credit card statements, because at that point, the account was already cancelled and i wasnt even getting anymore statements.

thanks

[guiness56]

Both sides will have their turn and then the judge will decide.

Does making a payment in your state restart SOL without a written agreement or acknowledgment?