Court subpoena - what do i do?

Hi Tina..

SHOW UP!!! That's the most important thing. At the hearing you will have an opportunity to make arrangements.

Whatever you do, make sure you answer the summons and appear in court. You do not want to end up with a judgement by default.
The amount due would continue to grow, accruing interest per the credit card aggreement. Example below assuming an apr of 30%
2004 $2000 + 30% ~ $2400
2005 $2400 + 30% ~ $3100
2006 $3100 + 30% ~ $4000
2007 $4000 + 30% ~ $5200

You mention 2003-when was your last payment made, are you sure the statute of limitations has not expired, what state are you in?

You can look for legal help by:

-going to naca.net
-getting a referral from your state bar association
-go to your local legal aid
-look for an attorney in the yellow pages
-look for a paralegal in the yellow pages (cannot represent you in court, but likely far better than no help at all)
-the court clerks may help you fill out various forms/motions (but are generally prohibited from giving actual legal advice)

I am in IL, and I definitely plan on showing up. This is the first time anything like this has happened to me, so I feel like a scared puppy, especially showing up in a courtroom by myself!

So I will try to figure out what the statute of limitations is here in IL., and does the time start from when I last paid, or when they last sent a bill? How does that work?

Ouch...Illinois.

SOL appears to be ten years from last payment on credit cards from a bank--which I do believe cap one is.

Credit cards are open accounts. SOL for IL for open accounts is 5 years.

I'm finding evidence that the state of Illinois recognizes credit cards issued by a bank to be a written contract, and as such, bound by a 10 year SOL. I agree that under article 2 of the UCC, credit cards are an open contract, but our opinion is not relevant, should the court accept that position. I've heard rumors that this is the case in AZ, as well. Unfortunately, I cannot as of yet confirm this, but my cynical nature is quick to believe it.

The 5-year rule does not specifically say that it applies to "open-ended" credit. It does say that it applies to unwritten (ie verbal) contracts. Open-ended does not equal unwritten.

Sec. 13????????206. Ten year limitation. .... actions on bonds, promissory notes, bills of exchange, written leases, written contracts, or other evidences of indebtedness in writing, shall be commenced within 10 years next after the cause of action accrued;

My argument would be that when you sign a sales receipt, that is "evidence of indebtedness in writing" and falls under 10-year rule.

We get iffy with the UCC and its 4-year rule on "Contracts for Sale". What is the definition of a Contract for Sale?