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got a summons,HELP


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I have receieved a summons from an attorney representing a CA (30 days to answer).The CA purchased the debt and validated,But this credit card debt was charged off back in 1997 ,what do I need to do to get them off my back?.The statute of limitations is 4 years in my state. In the summons ,they state that if I pay in 10 days they will not enforce the attorney fee provision and all I have to do is pay the full amount!!.Can the CA even sue me? THANKS

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If the SOL has expired, then all you need to do in court is use the SOL as your defense and it will be thrown out. You'll have to have several documents and proof with you in court to beat them, but it has been done successfully and its not all that hard to do.

Even if they did validate, its beside the point, its past the SOL and you can beat 'em. You go to court with copies of the Truth in Lending Act that defines credit card debts as open-ended contracts (CA's will try to say they are written contracts, they are NOT). You have a copy of the state statute of limitations with you. You show some proof that the last time you paid on the account was more than 4 years ago. Once you show that it is time-barred.. the CA LOSES, case dismissed - hopefully with prejudice.

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In my state, when I got summons, I had only 20 days to respond. The weird thing is they say they won't process if you pay within 10 days (thought you had 30?). Sounds like they're pulling your change to get some action. Everyone is right, the SOL is past and I'd got to court and have them suck eggs!

Good luck. :o

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