clig_fred Posted January 26, 2005 Report Share Posted January 26, 2005 If I get a summons, which is not properly served to me) because of a credit card company is trying to sue me but I do not respond to the summons order, and stay absent for 6 consecutive years with neither contact with the credit card compnay nor the court, then could I still make use of the SOL? After all I was NOT properly served the court summons.What if I never received a summons because of change of address or for being outside the country and I stay absent for 10 years, then could I still make use of the SOL upon return to the USA? Link to comment Share on other sites More sharing options...
nolo Posted January 26, 2005 Report Share Posted January 26, 2005 If I get a summons, which is not properly served to me) because of a credit card company is trying to sue me but I do not respond to the summons order, and stay absent for 6 consecutive years with neither contact with the credit card compnay nor the court, then could I still make use of the SOL? After all I was NOT properly served the court summons.What if I never received a summons because of change of address or for being outside the country and I stay absent for 10 years, then could I still make use of the SOL upon return to the USA?A default judgement should be your concern.Depending on your state laws, there is a time frame for having a default judgement vacated. In my state it's one year. So, if you had a default judgement entered against you and you failed to get it vacated, the judgement could last a lot longer than 10 years. (once again, depending on your state laws) Your job of getting the now "old" judgement vacated, becomes a lot tougher (if not impossible) and more expensive than if you'd dealt with it earlier on.In order for the SOL to "run", you must be vulnerable to being sued. There are instances where the SOL clock stops, depending on your state laws. Going out of the country or just hiding out in the U.S. may stop the SOL clock until such time as you are vulnerable to being sued again. Link to comment Share on other sites More sharing options...
LadynRed Posted January 26, 2005 Report Share Posted January 26, 2005 The point here is that IF he is sued, meaning the lawsuit gets filed, BEFORE the 6 year SOL runs out, then the SOL is meaningless, no matter how long he stays out of the country. They beat the expiration of the SOL by filing a lawsuit - they WIN ! Link to comment Share on other sites More sharing options...
anti-something Posted January 26, 2005 Report Share Posted January 26, 2005 how do you know if a lawsuit HAS been filed? Link to comment Share on other sites More sharing options...
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