two different time periods to reply on summons?

i received a summons today that i'm being sued by midland funding for an old credit card debt, but the SUMMONS says I have 35 days to respond and the PETITION FOR INDEBTEDNESS says I have only 30 days. which one do I go by? should I call the court clerk to see? most importantly, can i use this to my advantage if i have to go to court?

thanks!

Court clerk will be the best person to answer your query. Check Statute of limitation of the debt. Do answer the summons within the designated time.

thanks! i will check the SOL. the original credit card isn't even on my credit report anymore, just the midland entry. i just looked.

so is my "answer" a request to validate the debt? or is there something else i need to fill out or say in a letter to respond? probably another question for the court clerk, huh?

first off call the court to make sure it is legit.

What state are you in?

When was the last time you paid on this debt?

If you have time I would not file the answer yet. You cannot request validation in your answer, only in the discovery phase. We are trying to stop you from even getting to the discovery phase. If we find out if the debt is passed the SOL then it's an easy answer to the complaint/summons......The debt is time barred.

If we find that you live in one of the unique states where the SOL is longer tan usual, a few of us here can guide you threw the process and give you some advice.

i live in ok and the last receipt for payment i can find is from march 2006, so they've beat the SOL by just a few months it would seem.

so what next? the petition for indebtedness says i can ask for validation. and the summons says i can dispute the debt and request the name of the original creditor and that all collection efforts will be stopped.

i'll call the court clerk to make sure it's valid, but it is listed on the oklahoma court network system website.

i appreciate the advice, this is certainly a first for me...thanks!

once you file the answer how much time do they have to reply???