Internet's first get-out-of-debt community - 116,000 members

bpollux · Posted: Wed May 07, 2008 1:08 am

My question involves collection proceedings in the State of: CA

A law firm/collector representing a credit card that is no longer on my credit report(statute of limitations has run out) has contacted me.

I received these forms from the law firm: Notice to Consumer or Employee and Objection, Deposition Subpoena for Production of Business Records, and Subpoena Duces Tecum. These were apparently sent out to the credit card companies I currently deal with now. This law firm is seeking records from them for examination such as copies of credit application, checks used for payments, etc. What should I do with this? Is this even worth taking legal action on since the SOL has passed?
Reply With Quote

Birmingham Dweller · Posted: Wed May 07, 2008 3:15 am

According to the state guidelines, the SoL in CA for any written contract is four years. Hence, make sure that the SoL has actually passed by, just add thirty days with the DOLA (date of last activity)to count the statue of limitation. If it has actually crossed the Sol then the collector can't sue you at the court of law. Even if they sue you after the Sol has passed, it'll act as a very good defense for you.

I'm sure that other members too will provide their insight on this matter, so just keep a close watch to this thread. I think you have a very valid question.

Posted: Wed May 07, 2008 3:50 am

If sol has passed,then answer complaint with the sol defense asking complaint to be dismissed as time barred.

Posted: Wed May 07, 2008 6:15 am

Also check to see if they filed the complaint before the SoL ran out. Sometimes it does take the court system a while to process everything. Keep all your ducks in a row.

Posted: Wed May 07, 2008 6:31 am

FYI is correct,sol must have passed before filing date of complaint.

Posted: Wed May 07, 2008 7:03 pm

They filed a Subpoena Duces Tecum on a time barred debt? Sounds like they may be trying to shake you up.

Posted: Thu May 08, 2008 3:10 am

Ok I am now lost.Why are they seeking business records?Do you have a prior judgment against you and they are now using this for post judgment enforcement?

bpollux · Posted: Fri May 09, 2008 1:05 am

I have received no summons or prior judgement from this credit card. The SOL ran out back in 2004 and this fell off my credit report in 2007. Should I hire a lawyer to pursue this or file a motion pursuant on my own? Thanks for your help.

Posted: Fri May 09, 2008 4:31 am

First thing you need to do is see if that subpoena was issued by a judge. If it is you need to comply with it. However even if you do have to relinquish all related documents the SOL is still up so you still have an affirmative defense to motion for dismissal with prejudice.

Just make sure that you make copies for the attorney and yourself of all documents. That way you can still stick to the SOL defense just in case they want your documents to leave you with nothing to prove the SOL is up.

*Name:
*Email:
*Phone:
*Zip:
Debt

	* denotes required field

Internet's first get-out-of-debt community - 116,000 members

SOL has passed but got subpoena, please help!

Members Area

Free Debt Counseling

Ask the community

Question of the week

Useful Links

Highlighted Topics

Recent Blog Post