My question involves collection proceedings in the State of: California
Last year a debt junk buying attorney firm sent me a letter of intent to collect over a 2004 default judgement on a Discover Bank credit card... I never applied for this card nor knew of the judgement. I returned their letter with one of my own that simply denied ever using or applying for this account and demanded debt validation. They responded with a copy of the judgement and stated that they would now use legal methods to collect. With the help of a paralegal after receiving the entire case from the jurisdictional court I responded by declaring defective service and demanded the original summons to be quashed and that the default judgement was void as the court had no jurisdiction over me because of the illigitimate service. The court agreed with my motions and honored both in FEb of 2011.. but they gave the plaintiff another chance to serve me within a time period and the plaintiff did just that. My question is this.....California has a four year SOL on credit card activity. The plaintiff who cannot supply anything with my signature on any application nor any copy of any transaction with this card has only an affidavit that declares they would never have issued the card if I hadn't applied for it!!!! This is their entire body of evidence. Nontheless their affadavit shows a late payment on this credit card account dated as Dec 2003... Can I use the SOL to have this case just flat out dismissed as frivelous? Or do I just keep saying prove that I ever had the benefits of this alledged credit card???

