"to my understanding they need to provide you with the documents to prove the debt, even if you know is a valid debt. I don't know the SOL."
In the litigation context, the defendant will have to ask for the documents in discovery. That means preparing a document request in proper legal form.
Also, why would anyone want to dispute the existence of a debt that you know is valid? That’s just lying, which is never a good idea and especially bad in court. You may have other defenses or strategies, but only a lawyer trained and experienced in debtor/creditor law—and licensed to practice in your state—can review your legal position and then advise you about your legal rights.
The amateur route suggested here is likely to cost you dearly in the end.
"Since you are past the SOL you could dispute the entry with the ther major CRAs and DV and CD the collection agency at the same time."
Sorry, no. The debtor has already been sued, so one way or another the matter is going to get resolved in court. If a judgment is entered for the creditor, the debtor will have a major—indeed, a much worse—legal problem, regardless of what letters the creditor or credit agencies receive.
Realize that California law may or may not even apply to you, depending on whether the underlying agreement contains a choice-of-law provision. Either way, some credit card agreements extend the statute of limitations, and state laws vary about how these extensions apply. IOW, you can’t always tell just by looking at the agreement: sometimes the extensions are enforceable; sometimes not. Again, you need a trained and experienced lawyer to look into this for you.
In short, there are just no cookie-cutter answers here.
"You will need to answer the summons regardless. If you're going to use the Affirmative Defense of SOL, then you will need to prove when the last payment was made on the account. Do you have records to back that up? Here are some sample answers."
You don't answer a summons: you answer a complaint. As an attorney who has written and reviewed hundreds of answers, I assure you that filing the ungrammatical and legally insufficient text supplied here is only going to cause the debtor further trouble. You do not want to piss off the judge. (Are you aware, folks, that a plaintiff can demurrer (i.e. try to throw out) to a legally insufficient answer?) If you file papers that only delay the proceedings, you will expose yourself to further costs and possibly even sanctions. That means punishment for wasting everyone’s time.
Your best course of action is to consult with a lawyer. Have you checked with the county bar association to see if legal aid is available? Also, some county courts have a lawyer on staff who can look over your case free of charge and help you to the right legal forms. Santa Clara County, for instance, has excellent legal self-help online. Also, head to the local law library and check out the Nolo Press offerings: they are uniformly outstanding and have the legal forms on disk. The law library will also have the legal forms you need.
You might also look for a solo practitioner in your area, perhaps a bright young one that a friend or relative might be able to recommend. Most good lawyers will give you a free consultation that can help steer you in the right direction. Perhaps you can work out some kind of contingency agreement based on the amount the lawyer saves you. The credibility, training and skill that an attorney will bring to your case will probably save you hundreds (and possibly thousands) of dollars in the end.
Finally, avoid referrals to or from any unlicensed “settlement company,†or “debt consolidation company.†Ditto referrals to a lawyer from any entity that isn’t officially certified with the state bar to perform this function, regardless of what the referral service calls itself. Whether licensed or not, avoid any lawyer that does business with a referral service that isn’t certified: It’s a red flag that the lawyer doesn’t care about ethics, and that’s never in the client’s best interest.
Best of luck to you.
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