Author Topic: summmoned  (Read 1028 times)

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acethree

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  • Posts: 1
summmoned
« on: December 28, 2005 01:04:58 AM »
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

  • Guest
Yes, they can sue, but you have defenses. Raise them!
« Reply #1 on: December 28, 2005 01:39:52 AM »
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

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Re: summmoned
« Reply #2 on: December 28, 2005 03:05:38 AM »
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.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Morality of Debt? No one ever went to the Nether Regions for not paying a debt.

Founder of the Credit Terrorist Training Camp (Debtorboards)

 

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