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Rec'd summons, now what?


Guest delta
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On 30 November, 2005, my husband and I were served a summons. Midland Credit Management is suing us, but it doesn't state who the original creditor is. It only states what the amount they are suing for, and they are suing for all court costs and attorney's fees. They are being represented by a law firm called Love, Beal & Nixon.

On 1 December, 2005, I called Legal Aid Services and after answering their questions about our finances and bills were told that we qualify for free services, but they aren't taking any new cases at this time, but could offer advice through phone and mail. I faxed them a copy of summons on the second of December. I had made a copy of a sample of an "Attempt to Validate Letter" and told them about it. They asked for me to send them a copy of it and it was also faxed to them. The link for the example I had is here. http://www.creditinfocenter.com/forms/sampleletter9.shtml

I received a letter from the Legal Aid Office on 5 December 2005 stating they had conferred with an attorney from Love, Beal & Nixon. They also stated that I should not use the sample letter I had, as their attorney thinks that form is for another purpose. They said I should write to Love, Beal & Nixon and ask them to verify the debt, i.e. send a copy of the contract and ask them to check their records as to the date of your last payment.

I believe this is an old credit card debt. My husband and I became unable financially to pay on four credit cards in 1999. The last payment made to any of them was in August 1999. There has been no agreements from my husband and I to make any payments since then.

I need some advice on writing this letter to make sure I am doing it properly. Do I only send it to the law office representing them, or do I need to send a copy of it to Midland Credit Management. Do I need to send a copy of it to the court in our county from which the suit is filed?

Also, we live in Oklahoma and I need advice on the Statue of Limitations for this state and my rights with this debt.

I have done a search on this site and see that Midland Credit Management seems to be a sleezy company and would appreciate any help from those more knowledgeable than me.

Thanks in advance.

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Also, we live in Oklahoma and I need advice on the Statue of Limitations for this state and my rights with this debt.

From the link above, the statute of limitations for OK seems to be 3 years for credit cards (http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml). Even if they take the longer SOL for written contract or promisary note, that would be 5 years. The SOL is definately up on these. I don't know much about court. I believe you have to file an answer, and your defence would be that the debt(s) are past the statute of limitations. Someone else on this board who has more experience in this can give you more info.

Hope this helps!

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There is a lot of debate as to which SOL applies since some courts are taking the view that a credit card is a written agreement.

Regardless, if your last payment was 1999, then you are well past the 5 year SOL for a written agreement. You need to file a response to the lawsuit and state that the debt is time-barred since the statute of limitations has expired. The court will then schedule a hearing on the matter.

You can do this yourself. Go down to the courthouse and talk to the someone in the court clerk's office. Tell them you need to file a response to a lawsuit and that the statute of limitation has expired on the debt you are being sued on. Ask if they have a form you can use for that filing. If not, ask to see a sample of such a motion so that you can copy and modifiy it for your own use.

If you tell legal aid that the debt is out of statute, they might be able to provide you with a sample of the response to file.

I suggest you get copies of your credit reports. Look for the entry from the original creditor. If the date of last activity is more than 5 years ago, take it with you to show the judge at the hearing. If the date of last activity is less than 5 years ago, then either your memory is faulty or the creditor has reaged the account.

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