Summons on debt paid to another CA?

hiya--

here's the thing--if you dont live in that county, then they have filed suit against you in the wrong place. I would answer by stating that you deny each of the statements made in plaintiff's complaint, one at a time, and then state the following:




some other questions--

1--when did the debt first become delinquent? It is possible that the debt is past the applicable statute of limitations, and if thats the case, we are going to add to your affirmative defense. the SOL in Ohio on open accounts, which is what a credit card account is, is 6 years from when it first became past due. If this debt first became delinquent more than 6 years prior to the date they filed the complaint against you then it is outside the SOL and as long as you bring up SOL as your defense, the court should simply dismiss the case. be careful here--SOL MUST be brought up in your defense, if you dont bring it up the court will not bring it up on your behalf.

Thanks. I did a quick check of my credit report and this debt doesn't show anywhere, although I haven't looked hard enough for "old" debts yet. This goes back at least 8 years. How do I prove that? Also, is there a danger in now giving them my current name and address? Am I supposed to respond to the court or the attorney for Palisades? There was no court date, just a summons to respond to the attorney. This is a very appreciated service you have here.

Check with the county clerk to verify the summons is real.

Are you SURE that there is no date shown somewhere on the paperwork? That doesn't make much sense?

Palisades sucks!

ok...

I agree with guest, check with the court clerk's office in the county listed on the summons and make sure it is even a real summons. If it is, you should be able to see the full docket of activity since they first filed the complaint. This is important--look to see what is said about service of summons.

Also, if this is real, then chances are that the time you have to respond has already passed--usually it is 20 or 30 days from date of service. So, their next move would be to file a motion for summary judgment, this is how these bottom feeding collection agencies work:

1--they file a complaint, sometimes in the wrong county.
2--they serve the summons purposely on an old or incorrect address--both of these actions are designed to prevent you from actually knowing that they are suing you so that they can:
3--obtain a default judgment against you when you dont show up for court.

If you find that this is a real lawsuit, then we are going to head them off at the pass. As soon as you find out if this is real or not, email me ASAP--my email is the same as my screen name here at yahoo dot com--and I will help you put together a letter to send to the court. When we get done with these clowns, they will not only not have a leg to stand on, they will not have a case against you either.

Sky...improper venue is grounds to have the suit dismissed or a judgement vacated but it is not an affirmative defense.

I think it's real. It's on the court's web site.
I sent you an email as you asked.
In answer to another post: There is no scheduled date for anything. It just says I must respond.

Skydiver7673
I'm having the same identical problem...can you post a copy of the letter to write to the court?

ND, what is an affirmative defense?

I am forming a letter based on the good info here.
What galls me is that this debt was paid. Should I state that in my response? I can't prove it, but I do have the address of where the payments were sent.

One of the things I want to put in my response is about improper notice. Should I state that the only reason I knew about this was that the letter (not certified) finally made its way to a relative, who forwarded it? The court site does state that a certified letter was attempted at my old address with no success. I want the courts to realize that a lot of times the defendant never knows anything about the case.

HOW was the debt paid? Money order, credit card, checking account?

It was paid over 8 years ago mostly by check each month. I haven't had that bank account for 7 years.

even if you don't have the account any longer you SHOULD be able to get back copies of the checks. Have you tried to contact the bank? You will probably have to pay for copies, but then you will have the proof that you need.

I don't think the bank will have check copies from more than seven years ago; I think they are only required to keep up to seven years. Or at least that's how I remember it from working in banking.

Still, it couldn't hurt to check with that bank anyway. I could be wrong.