summons

The most important thing to do is show up! You do not want them to get a default judgement. You can during discovery show the judge proof that the Statute has run out. Beware of them falsely redating it. They are a ruthless bunch of liars. If you are lucky they won't show up and you can ask for a dismissal. It would be good to have an attorney if you can get one. If not do your homework and be prepared. Good luck. Go to www.budhibbs.com and click on the agencies to avoid list. You can read about them there.

thank you for responding so quickly frogpatch. so can you clarify this for me? they will not enter a judgement of default as long as i do show up. i do not have to file with the court a response? i recieved the summons on 4/11/08. another thing is that they did not serve me personnally. they just knocked on the door and gave the summons to my mom.

sorry one more question about the summons. on the summons it says i have 30 days to respond. what happens if i dont?

If you don't respond they will issue a judgement against you. It's best if you respond to the summons by answering each question to the best of your knowlege and file your answer with the courts. There will probably be a charge to file depending on your state.

If you live with your mom, then they can leave a summons with her, that's legal.

You will have to respond to the summons. Read it, and do what it says. You can't just show up on the trial date -- you have to answer the summons first and/or file your appearance. If you don't file an answer by the return date, then even if you show up at trial Cach can get their judgment - just because you didn't follow the procedures (that depends how strict the judge is). You usually do have to pay the filing fee, but some courts won't make you pay it right away, others won't make you pay at all under certain circumstances. (If you win, then Cach has to pay your court costs).

Go to the court clerks office, and they are usually pretty good at telling you what you need to do and what forms to fill out.

Then show up at the trial and you can raise whatever defenses you have, be it SOL or anything else you have.

You must file a written response before the due date or you may get a default judgment entered against you.

Check your local law library for forms.

Make sure you raise the defense of statute of limitations in your written response along with any other defense you may have.

You're not going to get your case dismissed. You wouldn't be taken to court if that was possible. This is what happens when you shirk your responsibilities. Now you are going to have to pay attorney's fees and other expenses in addition to the full amount of the debt. Expect to have your wages garnished and your bank account and assets attached. Your only hope for leniency is to send in as much money as you can right now as a show of good faith that you are willing to change your ways.

Good try No Nonsense...... you have no clue at all.

Cach is taking me to court and we are in the discovery phase. So far they have nothing to produce to back up their claims. My debt is way past sol and I will be suing them for many violations they have committed.

A lawsuit can be filed if the debt is past sol, but use sol as your defense and it will get dismissed.

The most important thing is to answer the suit in the time required and show up for the court date. Cach is hoping for a default judgement, which they will get if you fail to show.

NNC SLINK AWAY UNDER YOUR ROCK!

The reason that NNC wanted you to send in as much as you could is because even paying a penny would be enough to restart the SOL clock and prevent you from using SOL as your defense. While I do believe people should pay debts they legitimately owe, they should also do so to companies they know they owe it too and where it is handled legally, thus the reason for validation. I do not believe that a person should have to be forced to pay for attorney fees, and court costs. It seems the collections industry is becoming a overly litigious one that is abusing the judicial system and putting unnecessary strain on middle class America through these sometimes frivolous lawsuits.

What does it mean to file a written appearance? File an answer to the complaint in said court?

Thank you! :(