how should I resovled this?

[debtforLife]

I got a summon to show up in court. It is for a loan that was over 9 years ago. the SOL is 8 years here. But the Plaintiff is an Attorney that the bank has hire.

THanks

[TTigggers]

Answer the summons do not ignore it.

As your defense state that the debt is past the sol in your state.

Hopefully 1 of the senior members will give more detailed advice.

[rmuse00]

Moved this thread to legal forum. You'll get more to chime in there.

[sweeperlady]

I wouldn't say I'm a senior member by any means, but I am going through the same thing right now.

I DO know that, the "bank" which I assume is your original creditor hires an attorney to represent them, that's normal procedure (seems like you were questioning that).

I DO know that just because the loan was MADE 9 years ago doesn't mean it is out of an 8 year SOL. What you need to find out was when the date of last activity was (DOLA), meaning the last payment you made. That is the date you need to go on for the statute of limitations. Like if you took out a loan in 1999 and made payments fine until June 2002, your DOLA would be June 2002 and the SOL would be in effect until June 2010 (8 year SOL as you said).

As someone else advised, I definitely know not to ignore the summons, because if you do you'll get a judgment for not showing up or answering in writing (if you have that option). I do not have the option of writing a response, it specifically says if I want to dispute the summons I have to appear.

Hopefully, someone with a little more knowledge about this whole procedure will respond and give you some more advice. That is what I need right now too!

Good luck,