Geekguy Posted December 21, 2004 Report Share Posted December 21, 2004 HiReceived summons today. Court date is 1/10/05. In Colorado, SOL is 3 years for credit card debt. DOLA was Oct 2000 which is over 4 years ago. Sending SOL letter to lawyer who is representing Unifund who bought the debt from First USA. Should I also file an answer to the court before the court date?Thanks Link to comment Share on other sites More sharing options...
Zero_Infinity Posted December 21, 2004 Report Share Posted December 21, 2004 Wow, this is the same thing that happened to me today. I have not received a summons yet, but some law firm contacted me today. The convo went like this:Them: Blah blah blah you can pay now or we may take it further.Me: Ok, well I will see you in court.Them: Wait, you want to go to court? Do you feel you can dispute this?Me: Like I said, I will see you in court & we can discuss this in front of a judge.The convo ended with them hanging up on me. LOL! Basically, he wanted me to discuss the SOL with him, I'm using that as my trump card (I'm sure they think they can scare me into paying B4 or at court). I'm in NC (3 year SOL) & my debt was 4 years this Oct.I am interested in how your case works out. PLEASE KEEP US POSTED. I would love to hear how your situation goes. This can be very helpful for others in our situation.P.S. sorry I can't be any help to you. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted December 21, 2004 Report Share Posted December 21, 2004 By all means answer the summons ahead of time. Was there a complaint attached to it? Remember, SOL is just one defense. You will also want to add statute of frauds ( prove a writing signed by you), failure to state casue of action, legal capacity. Link to comment Share on other sites More sharing options...
Geekguy Posted December 21, 2004 Author Report Share Posted December 21, 2004 No there is no complaint attatched. There is the summons, a statement from Unifund, and an illegible First Card cardmember aggreement and disclosure statement that bears no signature. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted December 21, 2004 Report Share Posted December 21, 2004 Then you do want to challenge, if the SOL does not wrok, Unifund's legal capacity to bring an action in your state ( are they authorized to do business there), statute of frauds, and failure to state a cause of action ( lack of privity between you and Unifund). These can be pleaded as alternative defenses, of course. Link to comment Share on other sites More sharing options...
Geekguy Posted December 21, 2004 Author Report Share Posted December 21, 2004 I read through the summons again carefully and there is a complaint with a first and second claim for relief. On the front page there is no case number or division number in the "court use only" block and no signature by the clerk of court. The evidence cited in the claim for relief is a statement from Unifund of a balance due and that they purchased the debt from First Card and a copy of the cardmember agreement (unsigned). Link to comment Share on other sites More sharing options...
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