I just got served with a summons by an attorney

Welcome to teh forums rozze_31!

It's the weekend rozze, kick back, wait for more qualified people to answer your question & relax, if you can. We may need more details to better assist you. State your in, date's of first notice, ect...okie dokie?

Never fear, everyones here to help

;)

Not that these places don't ever make mistakes ... but I doubt they would knowingly pay their attorney and court costs to go file a complaint that is past SOL.

Each state has it's own SOL on written contracts. In Illinois, it is 10 years; your state will be different. SOL generally runs from the date of last activity on the account (usually the last time you made a payment, or ratified the debt in writing).

Admitting to a debt can restart the SOL. Suppose you write them a letter and say, "This is my debt but I believe it is past SOL so you cannot collect on it." ... Your written acknowledgment of the debt ratifies it, and the SOL would re-start the instant they receive your letter.

To get more specific, you will need to let us know what state you're in, and the last time you have done anything with this account.

Verify the case at the county where the CA claim to file the case. The clerk will give you more info. If it's legit, file your papers to answer and show up in the court with your defense. If you don't go to the court, the collection company will convince the judge that everything said about you was right and you didn't show up in the court just because you were guilty. This will be enough for them to file a judgment against you. You can actually turn the case in your favor if your defense is strong / collector's case is weak

:shock: Verify that they have filed suit against you. If they have,first action is to answer it.Do not forget or they get default and you will pay for it for a long time.

Look over your credit info. to find the date of first delinquency and account type. If they have indeed filed a lawsuit on a out of statute debt,you have a cause of action to sue debt collector and attorney under fair debt collections act(federal law). If you have problems understanding the legal process,hire an attorney.

Basically you will include in answer to your summons a defense that debt is so old it is not legally collectable.

Go to naca.net or naca.com. I am unsure of which it is but they are first contact for attorney to sue debt collectors. Also check out myfairdebt.com.

Well, I was served papers on Friday, for a debt that is 7rs old. A little over 2yrs ago I was being harrassed by a collection agency, different from the one that is serving me, and so on or about August 2004 I discussed payment arrangments, over the phone with them that never followed thru because they continued to harrass me and my family to the point where I had to file a complaint with the BBB. I live in California, so I believe the SOL has run out. I don't know how to approach this, I am confused and worried. Help!

One more question, where would be a good place to find an attorney for this type of case?

go to this addy myfairdebt.com anything else you need holler back, we're here to help!

;)

give 'em hell rozze

Welcome Roz :D Here is a link, state by state for the SOL periods at http://www.fair-debt-collection.com/SOL-by-State.html#T I would contact legal aid in your area. Make sure this debt is valid andsee if they have hit your credit reports also.How long have you been dealing with LVNV?..Karen

Look for an attorney on naca.net. From personal experience I know some CA's will pay a lawyer to file suit on a debt where the statute of limitations has passed. Some lawyers work on a percentage basis. Either way, they are counting on you not answering so they can get a default judgement.

Get a lawyer so an answer is filed on your behalf. The statute of limitations defense only works if you plead it in your answer.

I got what looked like a suit being filed against me delivered by the sheriff's office, however there is no seal, signature, no court date. It states to the prothonotary to "kindly file suit against me". I am calling the prothonotary today to see if this is a legit suit. It has a case number on it and that is about it. However, it does say to enter it and has by consent and requests my signature. I think this is bogus and if I sign it they will then file it. Do they pull these tactics to get a judgement on you. The hillbilly sheriff in my area says get a lawyer, I guess he delivers these all the time. What if you can't afford a lawyer, I would show up anyone. So today I am calling the court house and recited the case number that is on the paperwork, if it is not filed, I am filing a complaint with FTC, Pa Attorney general and looking on NACA for an attorney to file suit for violation of fdcpa. I am thinking it would have to have a prothonotary seal and a court date, how can you serve blanket paperwork like this? Will keep you updated. By the way, the collector is CACH, LLC

Called the prothonotary office, it is real, just sent out debt validation letter via cerified mail. The lady at the courthouse thinks I should get an attorney, I just can't afford it right now.