Legal Question in Credit and Debt Law in California
I am being sued in LA County for a credit card debt. I can not afford a lawyer. In my answer I cited as a defense the Statute of Limitations since I have not made a payment on any debt for nearly six years prior to being sued and have denied owing the debt. My demand for a bill of particulars challenged every paragraph of the summons. All I received from the plaintiff's lawyers was a bank statement and a letter of assignment that read like a quit claim deed. Plaintiff's lawyer cannot produce any evidence of a payment or my signature within the 4 year SOL because there isn't one. I met with a pro bono lawyer who said that having the facts and law on my side doesn't matter; trials are won on procedure. I am not a lawyer, what can I do?
2 Answers from Attorneys
You would want to serve requests for admissions, a formal demand for production of documents, and even interrogatories to ferret out the statute of limitation issues, as well as their lack of evidence. Once you do that, you can file a motion for summary judgment, based upon the same issues.
If it is as you say then you could file a motion for summary judgment based on the running of the statue of limitations. Seems like the response to your bill of particulars would give you enough to figure out what they have or don' t have. You can use that response in your summary judgement motion. You might also raises issues such as you don't ow debt. The Plaintiff will then have to produce evidence that there is a triable issue of fact. So far it seems they don't have any evidence, but that could change.
So my best advice is to get together a motion for summary judgment before they set a trial date which may not allow you enough time to file your motion.
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