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HELP! Husband received a summons


jenni
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My husband received a summons on Saturday. It says he has 30 days to respond. The problem is this summons states that the debt is valid as of October of 2004. This is blatant reaging. This debt is close if not past the sol of Oregon. What should we do? We don't know what to do and are financially overwhelmed right now.

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First, calm down.

When a complaint is filed with a court, it has to state certain things to back the claim. They are stating the debt is valid. It is only their claim. Civil court is about mediation of differences.

Since you have been sued, and you're asking this particular question, I strongly recommend you obtain legal counsel to defend you. Although you can do this on your own, you will need to familiarize yourself with court rules of civil procedure for your circuit in order to prepare a response. If you are really good and writing composition and reading comprehension you can get a booklet from the court on the rules, read them, and write your own response to the court disputing the validity of the debt. If you don't think you can do this, then you really need a lawyer.

Typically, you have to file a response to the allegations with the court and send a copy to the opposing lawyer by the time stated on the summons. You must also appear in court when the summons says to. If you fail to show up, they will win by default, will be able to ask the judge for just about anything reasonable, and the judge will grant it. Those "unspecified legal fess and court costs" listed in the complaint can run several thousand dollars if you're not there to object.

Also, start gathering your proof. You say it may be past SoL. You cannot rely on maybe's here. You need to know. So do your homework and find out when the last payment on the account really happened. Gather proof on it in the form of checking account statements or old bills showing when the account defaulted. The SoL applies to when the suit was filed, not when you appear for court. So look at the stamp on the complaint that shows when the court accepted it.

If it is past SoL, and you are preparing your own defense, then you'll be writing a response to the complaint denying the validity of the debt as time-barred under statute, filing a motion to dismiss as a matter of law, and citing in both the statute limiting the suit, and providing proof of the date of the last payment

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This is such an old debt that finding a statement or cancelled check might be impossible. Would it be stupid of us to ask the original creditor for copies of final billings on this account? I am going through everything I can find and having no luck finding any proof. Are we screwed?

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This is such an old debt that finding a statement or cancelled check might be impossible. Would it be stupid of us to ask the original creditor for copies of final billings on this account? I am going through everything I can find and having no luck finding any proof. Are we screwed?

Did you try your bank? Assuming you wrote a check as last payment, the bank should be able to pull out all of your old statements and copies of checks, although there may be a fee

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