Jump to content

Being Sued. Please Help!!!!

Recommended Posts

Hi everyone. I've been served with a summons. I responded with an answer within the 30 day period (I'm in California). In short, in my answer I left them up to their proof.

After I received the summons, I sent the CA a debt validation letter, and it's been over 30 days and they haven't responded.

The law firm has since mailed me a "Form Interrogatories". What do I do next? Yes, I know I have to respond, but how? BTW, the account is SOL. I do have the last satement I made a payment on, which was in March 2002...SOL in CA is 4 years.


Link to comment
Share on other sites

Lastly, what happens after I send the interrogatories? Is it too late for me to try and settle with them or should I try?

Re: the SOL, the only proof that I have is the statement to the OC that shows the last payment I made, and the debt validation request that went unswered by the ca. I have a couple of statements after that - that don't show payments. But that's it.

Link to comment
Share on other sites

Thanks. No, I didn't use the SOL in my defense. However, one of the questions being asked is when is the last time I made a payment on the account and to include proof.

The firm that's suing me admitted that they hadn't done the research on the account, and with the questions they're asking me on the interrogatories is basically asking me to build their cast against me!

Link to comment
Share on other sites

Okay, here's what I'd do.

1) File a motion for leave to amend your answer to include SOL as a defense. Point out that you missed an affirmative defense in error.

2) File an amended answer listing SOL as an affirmative defense.

3) After that gets accepted by the court, file a motion to dismiss on the grounds of out of SOL. Use the info you have on last payment as support for that.

4) Sue the firm that's now suing you for bringing an action out of SOL in violation of the FDCPA and Rosenthal FDCPA.

If you don't do 1, 2, 3 you may have to pay the judgment if the plaintiff wins.

Note: I'm not a lawyer or a paralegal, but I did survive a civil procedure class based on California law.

Link to comment
Share on other sites

This topic is now closed to further replies.

  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.