Arrow Financial Services, LLC & Ferrell & Seldin Attorneys Summons to respond to old credit card debt Ripoff Albuquerque New Mexico
I received a summons this week demanding that I respond to a threat of a lawsuit and judgment against me for an 12-13 year old credit card debt. I have 30 days in which to enter a plea or motion. I'm not even sure what this credit card is. I know the statute of limitations has expired on this debt, but not sure what to do next about responding to them. I don't want a default judgment filed against me so I need legal advice to help me make the right decisions on how to handle this legally.
Kathy
Hobbs, New Mexico
U.S.A.
2 Updates & Rebuttals
Michael
Bountiful,Utah,
U.S.A.
re
#3Consumer Comment
Sun, July 01, 2007
You're right the SOL has run out. Just tell them to stick it. If they want to take you to court let them. Just show the judge that the SOL has run out and you will get judgment in your favor. That's even if the other side shows up. Which is doubtful.
Robert
Buffalo,New York,
U.S.A.
Consult...
#3Consumer Suggestion
Sat, June 30, 2007
You should consult with an attorney if you can.
If the statute of limitations is truly expired, you should attend the court procedings and demand (ask nicely but firmly) that it be tossed out because of the statute of limitations - once the statute of limitations is expired, the creditor cannot obtain a judgement.
Now, that said, be careful. Read everything that was sent to you - then read everything that was sent to you AGAIN. What you're looking for something as the last transaction date for the debt - sometimes the crooked collections agencies will fake the date so that the statute of limitations is NOT expired. READ EVERYTHING CAREFULLY.
Regardless of what the papers say, do not ignore it - go to the hearing!!! If you suspect that the transaction date has been faked by the collector you really should consult with an attorney before you attend the hearing.
Good luck.
Note: the last date of transaction should be THE LAST PAYMENT YOU MADE on the debt, but sometimes not-so-honest folks will fake it - BE CAREFUL!