How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2900
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
Type Your Bankruptcy Law Question Here...
Terry L. is online now
A new question is answered every 9 seconds

I had an Open Ended account with Spiegel in Colorado that was

This answer was rated:

I had an Open Ended account with Spiegel in Colorado that was Charged Off, last payment dated 8/2002. A South Dakota Attorney has filed a Motion for Judgment against me. I appeared for the Motion for Default Judgment and Notice of Motion. The Judge postponed it until May 13th, 09, so I could seek legal counsel regarding this matter. I have a copy of my Credit Report that states my last payment was 8/2002. South Dakota Statute of Limitations for open end accounts is 6 years. The plaintiff states that my last reported payment was in 7/2005. I know that there is no way I could have made a payment in 2005 as I was in the process of moving from Colorado to South Dakota during that time.

My Question is:
I do not have time to file a Motion to Dismiss as the court hearing is next Wednesday, the 13th. Can I attend the hearing without legal representation and request the Judge for a Motion to Dismiss?? ..or what other alternatives do I have in this situation? What should I do?
You do not need a lawyer if you do not want one.
You can discharge this debt in bankruptcy too.
You can ask the judge to dismiss the case because the statute of limitations may have passed. The creditor will have to show proof of the payment.
Terry L. and 2 other Bankruptcy Law Specialists are ready to help you