On 11/07 was issued a summons from LBN and NCO Portfolio Management for confirmation of arbitration award. Requested validation of debt plus signed agreements. Received from LBN, that is was a MBNA acct.
In the Answer that I filed, not only disputed the validity of the alleged debt, but stated that I checked with the State Attorney General's office and that the SOL had expired on this type of debt.
LBN sent a letter stating they were moving forward and set a hearing for 2/1/08. By checking this website and other research, I filed a Motion to Dismiss including OK statutes 12-3-95(2) Limitations of Actions, 14A-2-108(1)(2) revolving credit card acct as being an open end acct with a 3 year SOL, ----etc. Plus, I sent a copy of credit report specifing MBNA/BOA acct was closed in 2003 and was a credit card - revolving acct. LBN strickened (canceled) the hearing.
Here's the problem: The court sent a letter saying they automatically set up a hearing for my Motion to Dismiss. I contacted them and said I didn't want or request a hearing, and to cancel it. That my MOD was for the hearing set for 2/1/08 that was set by LBN and strickened.
In the mean time, LBN has filed a Plaintiff's response to Motion to Dismiss and Brief in support. Stating "MOD is not timely that is was after the answer". "That it is not for a collection of a revolving charge acct that its for confirmation of arbitration". "That SOL does not apply". "Defendant is not able to prevent the confirmation of Arbitration award, has failed to dispute within 90 days of award."
Help!!! Where do I go from here? What can I do?