Recieved a Summons Yesterday
Date: Thu, 06/28/2007 - 17:03
my question is:
1. Is the date open the same as the date of last activity
2. If the SOL is up on this debt what are the chances that I would get a summons anyway?
3. I have decided to begin filing for chapter 7 (From what I understand of the means test I should qualify) can what do I need to do to gain protection from this?
4. If I am found guilty or whatever can it be put into chapter 7?
Thanks in advance for your answers.
You didn't mention what state you are in, else I could confirm t
You didn't mention what state you are in, else I could confirm the statute of limitations for your state. The Date Open is not the same as the Date of Last Activity - the Date of Last Activity would be the last payment or charge that was made to the account (whichever occurred last). If the debt is beyond the statute of limitations, your defense in court will be just that. You should immediately request validation of the debt so that you can try to determine whether or not the debt is really yours. Additionally, you should get a copy of your credit report from one of the credit bureaus (Equifax, TransUnion or Experian) to see what is currently being reported to them. Hope this helps.
Recieved a Summons Yesterday
I apologize where is my head. I am in the State of Colorado. I have perused around and found numbers from 3 - 6 years and don????????t know which is true.
Also I did get a report from Experian, TransUnion, and Equifax and they show the date of last activity as Sept 2002 which there is absolutely no way. I was still in college plus the report show me go 30,60,90,120 days delinquent then I go current again I don????????t get it I think they are lying.
I didn't look up the Colorado codes listed, but it appears that
I didn't look up the Colorado codes listed, but it appears that unsecured debt (credit card) is three years. The six year SOL seems to be secured debts. The SOL on your debt has probably run. Use this as your defense, the other party might not even show up.
I recieved a summons yesterday
All contract actions, including personal contracts and actions under the UCC: 3 years (C.R.S. 13-80-101), except as otherwise provided in 13-80-103.5;
The amount of damages claimed to be due to the platiff(s) by the complaint in this action is not due and owning for the following reason:
The date of last activity on this account as reported by the creditor is September of 2002 the statue of limitations to file for this debt has expired according to Colorado Statute 5-5-201(5).
Send that as your answer to the complaint (along with your proof
Send that as your answer to the complaint (along with your proof). Request that the case be dismissed for such reasons. (If you know an attorney, get him to write a motion for dismissal, and send it). Send copies to the court and to the plantiff's attorney.
I recieved a summons yesterday
Ok so I am no lawyer and I am not trying to look a gift horse in the mouth I just want to have all my ducks in a row.
so section 13-80-101 says:
The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within three years after the cause of action accrues, and not thereafter:
All actions of debt under section 40-30-102, C.R.S.;
so I looked up 40-30-102 and it says something about railroads not mowing the lawns next to the railroad tracks or something.
it also says
All contract actions, including personal contracts and actions under the "Uniform Commercial Code", except as otherwise provided in section 13-80-103.5;
Which says:
(1) The following actions shall be commenced within six years after the cause of action accrues, and not thereafter:
(a) All actions to recover a liquidated debt or an unliquidated, determinable amount of money due to the person bringing the action, all actions for the enforcement of rights set forth in any instrument securing the payment of or evidencing any debt, and all actions of replevin to recover the possession of personal property encumbered under any instrument securing any debt; except that actions to recover pursuant to section 38-35-124.5 (3), C.R.S., shall be commenced within one year;
I thank you in advance for helping me.
I would be very appreciative if someone could tell me how this section applies to me and not section
The statute of limitations for credit card debt in CO is 3 years
The statute of limitations for credit card debt in CO is 3 years. The correct statute to reference is 13-80-101.
Quote:
General limitation of actions - three years. Statute text (1) The following civil actions, regardless of the theory upon which suit is brought, or against whom suit is brought, shall be commenced within three years after the cause of action accrues, and not thereafter: (a) All contract actions, including personal contracts and actions under the "Uniform Commercial Code", except as otherwise provided in section 13-80-103.5; (b) Repealed. (c) All actions for fraud, misrepresentation, concealment, or deceit except those in section 13-80-102 (1) (j) or section 13-80-103 (1) (g); (d) and (e) Repealed. (f) All actions for breach of trust or breach of fiduciary duty; (g) All claims under the "Uniform Consumer Credit Code", except section 5-5-201 (5), C.R.S.; (h) All actions of replevin or for taking, detaining, or converting goods or chattels, except as otherwise provided in section 13-80-103.5; (i) All actions under the "Motor Vehicle Financial Responsibility Act", article 7 of title 42, C.R.S.; (j) All actions under part 6 of article 4 of title 10, C.R.S.; (k) All actions accruing outside this state if the limitation of actions of the place where the cause of action accrued is greater than that of this state; (l) All actions of debt under section 40-30-102, C.R.S.; (m) All actions for recovery of erroneous or excessive refunds of any tax under section 39-21-102, C.R.S.; (n) (I) All tort actions for bodily injury or property damage arising out of the use or operation of a motor vehicle including all actions pursuant to paragraph (j) of this subsection (1). (II) The provisions of this paragraph (n) do not apply to any action for strict liability, absolute liability, or failure to instruct or warn governed by the provisions of section 13-80-102 (1) (b) or section 13-80-106. (o) (I) All actions for damages against a business arising out of a year 2000 failure. (II) For purposes of this paragraph (o): (A) "Business" shall have the same meaning as set forth in section 13-21-603 (1). (B) "Electronic computing device" shall have the same meaning as set forth in section 13-21-603 (2). (C) "Year 2000 failure" shall have the same meaning as set forth in section 13-21-603 (3). (p) (I) All actions for damages against a hospital enterprise arising out of a year 2000 failure. (II) For purposes of this paragraph (p): (A) "Electronic computing device" shall have the same meaning as set forth in section 13-21-901 (1). (B) "Hospital enterprise" shall have the same meaning as set forth in section 13-21-901 (2). (C) "Year 2000 failure" shall have the same meaning as set forth in section 13-21-901 (3). |
You can view the actual statute and further details at: http://198.187.128.12/colorado/lpext.dll?f=templates&fn=fs-main.htm&2.0
kan, heretohelp, that is some dead-on help. Good deal! Just
kan, heretohelp, that is some dead-on help. Good deal!
Just remember, guys, that SOL is an active-only defense. That means, if you do not claim SOL expiration in your answer as your defense, you lose it. The court will not automatically invoke SOL on your behalf, so be sure to use it.
Hermit, sending a DV letter is a good idea, but this is the thing--you need to answer before you would get it back. Well, more accurately, they are under no time frame to get it to you, so my recommendation is to go to the major credit bureaus to get your credit file. That way, you will have access to the date of last action as it appears on the accounts. You may even find that this date has been changed, which is illegal, and you can then mention that in your defense or countersuit...because it is illegal for a CA to change that date. The law now allows that you can get one free copy of each of your three major credit reports per year, if you go to annualcreditreport.com you can access them for free. And that will give you a printable copy of each of them, so you can get the best info. You should still send that DV letter, perhaps, but they can easily drag their feet on it and you need the info faster. Whatever happens, do NOT forget to answer at the court, because they will get a default judgment against you if you do. Once you prove SOL, this should disappear into the night. Let us know what happens.
you should really consult an attorney regarding this. I receive
you should really consult an attorney regarding this. I received a summons early this month and my attorney told me SOL on credit card debt is SIX years, not 3.
butler--what state do you live in? Each state has its own law r
butler--what state do you live in? Each state has its own law regarding SOL, it isnt the same everywhere. Here is a list, so everyone can reference for their needs:
fair-debt-collection.com/SOL-by-State.html
dont forget the www
according to that website, all contract actions including personal contracts are limited to three years in Colorado.