pandora Posted April 1, 2007 Report Share Posted April 1, 2007 I have 4 cc's last activity on one was 4-2003 and the other 3 are 8-2003. My question is has the statute ended on the one from 4-2003. I have just received a summons to appear in court on May 2007 and was served on March 2007. The serving company did not serve my person as I no longer live at the address they served. I have not lived there for over a year and luckily was called by the person that lives there to tell me some one dropped some papers off there for me. The original amount was $6000.00 and they are tiring to collect $11500.00 late fees and interest. At this point do I need a lawyer and should I file out DV request from the other 3 cc's before they also subpoena me. Any help would be great as I am now on the clock I really need help finding out what I need to do Link to comment Share on other sites More sharing options...
pandora Posted April 2, 2007 Author Report Share Posted April 2, 2007 I spoke to the collection agent and they have not been reporting nore are they reporting anything on my credit report. I am not sure why but they went from not reporting in about 4 years to wanting to take me to court. Is this normal??? Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted April 2, 2007 Report Share Posted April 2, 2007 It happens.. but if you were served in March you are within the SOL.. in most states the serve time is moot.. in NC its when the papers were filed with the courts.. which of course is before serve time...as far as service goes... again depends on your state law but they seem to be within the SOL.. and I was sued on something that never appeared on my CR... one doesnt really have much to do with the other Link to comment Share on other sites More sharing options...
pandora Posted April 5, 2007 Author Report Share Posted April 5, 2007 would I be better off just going BK or do new BK laws not allow me to go BK on non-secure depts.Also as I stated before I do not see this on my CR and when I called the collection agency they said it was a chase card. I have never had a chase card should I file a report with the police for possible identity theft and send them a DV along with the police report?? I have to reply soon as I was served on march 23, 2007 and have to reply within 30 days here in California.Finally if I do file a report and it comes out that it was my card that was sold from bank to bank can I get in trouble for filing a false report or is being that as of right now I don't know if it is mine or not cover me Link to comment Share on other sites More sharing options...
direred Posted April 5, 2007 Report Share Posted April 5, 2007 You're definitely within SOL. It's 4 years in California. Likely the last payment wasn't after you went delinquent, though that is possible. Link to comment Share on other sites More sharing options...
Big Time Posted April 5, 2007 Report Share Posted April 5, 2007 I always thought it was 6 years on written contracts in Cali? Link to comment Share on other sites More sharing options...
direred Posted April 5, 2007 Report Share Posted April 5, 2007 I always thought it was 6 years on written contracts in Cali?Written contract doesn't include credit cards in California (it does in some states). Link to comment Share on other sites More sharing options...
Big Time Posted April 5, 2007 Report Share Posted April 5, 2007 It must be my home state of Tennessee I was thinking of. Thanks. Link to comment Share on other sites More sharing options...
thomassl Posted April 5, 2007 Report Share Posted April 5, 2007 California is 4 years! Link to comment Share on other sites More sharing options...
unusualsuspect Posted April 5, 2007 Report Share Posted April 5, 2007 It's too late to DV the CA or the OC. You have to file your response to the suit ASAP. In the response, deny all of their charges, and then ask for discovery. Wait until the last day to file your answer at the court (as it makes them furious). Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted April 5, 2007 Report Share Posted April 5, 2007 DV at this point it useless Link to comment Share on other sites More sharing options...
pandora Posted April 7, 2007 Author Report Share Posted April 7, 2007 Im sorry I am a bit confused do I respond asap or do I wait till the last day to file my answer are these the same thing??? thanks Link to comment Share on other sites More sharing options...
pandora Posted April 7, 2007 Author Report Share Posted April 7, 2007 It's too late to DV the CA or the OC. You have to file your response to the suit ASAP. In the response, deny all of their charges, and then ask for discovery. Wait until the last day to file your answer at the court (as it makes them furious).Im sorry I am a bit confused do I respond asap or do I wait till the last day to file my answer are these the same thing??? thanks Link to comment Share on other sites More sharing options...
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