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Need help with answer to suit!


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My husband received a summons on a debt he acquired by charging some lumber and building supplies from a local lumber yard. I consulted an attorney and was told this is considered an oral agreement. My husband did not sign anything but the receipts at the time of purchase. He has been sued in the state of Kansas where the SOL is 3 years so it is past the SOL. The debt was acquired in Nov. 1999 and never had a payment made on it. I need to submit an answer to the court about the summons and that it is time barred but have no idea where to start. Can someone give me some samples or help me prepare an answer? Also will they dismiss or do I still need to show up for court? Also I live in Texas now and the SOL in Texas is 4 years can they still come back and sue me in Texas? Please help! The OC is the one suing us.

stewarts3x

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it has been my experience that since the summons was filed in your state, it now is under that jurisdiction.

You will need to appear in court if it is like my summons. You cannot submit a "pleading response" as the summons would state if you have that ability. Look on the back page of the summons to find out if that is an option.

When you go to court, it is only to determine whether you want to settle or go to trial. If you choose to go to trial, you will need all information, including proof of sol(meaning no pymnts, no judgements) It will really depend on what month in 99 as far as the sol

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