Court Proceedings Over Debt Collection

[msmad]

I posted last week about my case in the thread titled:

Here is what happened in my case:

I was being sued by a debt collection agency for a debt that was past the SoL I had the credit report to prove that the debt is considered an open end account in my state and the credit report to show when the debt was charged off. Well the lawyer never showed up that day (after we waited 10 minutes for him). The judge looked at my evidence and told me she would send a letter. Well instead of getting a letter saying weather or not the case was dismissed, I got a letter saying that the lawyer was there only he was on the wrong floor of the courtroom. He says the court reporter didnt' tell him the case was being held in another courtroom on the first floor. The judge is saying we have to appear in court again to hear the case again and give the plantiff the opportunity to question defendant (me).

I am totally confused at this point as to what I should do. I assumed after she saw the credit report and the state codes showing the SoL (which the she said she was familiar with), the judge would go ahead and dismiss.

What should I do now? Should I submitt another motion to dismiss again (I submit a motion to dismiss judgement which was the wrong motion I later found out)? What do you suppose is going on?

Thanks in advance for your help.

[msmad]

Sorry, my thread last week was titled

http://www.expertlaw.com/forums/showthread.php?t=24158

[msmad]

I forgot to mention that I am in Iowa.

[aaron]

The "charge-off" on the credit report has no legal significance. A creditor may still collect a debt even after it has been charged off.

As the court has scheduled a new hearing date, you need to go to court on that date or risk being defaulted.

[msmad]

I posted about the charge-off date because as I understand, it establishes the date the SoL starts. Is that correct?

[aaron]

No. The charge-off date will often be significantly later than the date the cause of action accrues. Also, if the debtor somehow renews the debt, it will not necessarily be the case that the credit report is updated to reflect the novation.