Topic: summmoned

[acethree]

hi,

i need help.  jUst received summons from the sherriff depart.  Claims i owe 4k from
a discover card 6years ago.  They hired a outside attoney to collect.  I'm not
sure how to go about this.  I'm not going to default but if its beyond the
SOL do i go to court on that basis or can they win judgemnet againist me
even though SOL. 

tks

[Rottweiler]

If it's out-of-SOLC, they CAN sue, but you have an affirmative defense in that the debt is SOLC...but you MUST raise it in your Answer and in Court.  If you don't, then they can get a judgment against you.  Ditto if you simply default.

If you live where the debt is extinguished after so long--usually the same time the debt is out-of-statute--you have an absolute defense.  This is referred to as a "statute of repose".  If you have this working for you, you would move the Court to have the case dismissed on the basis that there is no grounds for the lawsuit to begin with (no debt to collect).

[Flyingifr]

hi,

i need help.  jUst received summons from the sherriff depart.  Claims i owe 4k from
a discover card 6years ago.  They hired a outside attoney to collect.  I'm not
sure how to go about this.  I'm not going to default but if its beyond the
SOL do i go to court on that basis or can they win judgemnet againist me
even though SOL. 

tks

1. What state do you live in? In the "Laws" section I have a link to teh SOL's. Is the debt Out-of-Statute? If yes, then the suit itself is a FDCPA violation and you have grounds to countersue.

2. If you don't absolutely know the debt is Out of Statute but may be close, assert the ASffirmative Defense that it is out of Statute and get the evidence through Discovery.

3. How much are they suing for? If it's a small amount, remember - you can run their legfal fees through teh roof witha  General Deenial, some Defenses and a Counterclaim followed by a Discovery Demand taht will send them on the Crusades. Do it.