I was sent a summons for a debt lawsuit on/around 10/27/2014. I promptly filed my answer. Included in the answer was a affirmative defence for SOL. Debt is time-barred: The statute of limitations has passed, and Plaintiff cannot sue to collect it (15 U.S.C. § 1692e(5).
I also answered I was not properly served. The summons cover page, with the Deputy Sheriff stamp, was not even made out to my name. it was not for my case, different docket # etc. However, underneath all the following paperwork was in fact, in my name and the correct docket.
The stages of litigation for F track, state, Case shall be resolved and judgment shall issue by 06/16/2016
Recently I received a date for final pretrial hearing. The hearing is set for 06/08/2017 at Woburn Superior court.
Is it too late to file any motions? To dismiss, or summary judgement? I did not realise that had to be done before pretrial. I thought I could discuss at pretrial. The fact is the SOL has expired, they do not have the legal right to sue me for the debt.
I fell I have hurt my chances by not filing any motions. So much time had passed, I did not know what to think. I know they are hoping I do not show up for court, so they can receive a default judgement.
The pretrial is 21 days from now. I need to know what more I can do at this point? They do not have LEGAL right to sue for this debt. I included that in my answer, but I did not file a motion. How can I go to trial and say, you have no legal grounds to bring this to trial? Legally this should be dismissed, but I may have ruined my chance to do that. I can sue for breach of the fair debt act, but if this goes to trial, that is a moot point.
Thanks for any help you can give.