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I just got a local Mag. summons today from a debt collector. I`ve been thru 5 years of hell since I started getting laid off in the winters and had to make a choice between CC and my mortgage. I have a couple of questions I need answered:
1) My last payment on the current card in question was 8/24/03 -per my checkbook. They list my default date as 8/2004 on the summons -how to find the real date? and is it sol??
2) Responding to the summons -do I just call the local Mag and say I`ll be there or respond to the debit collector as they mention in the summons if I intend to defend??
If this is a credit card, The statute of limitations is four years in pennsylvania, that is four years, it seems as if this is past right. Take a hard look at that.
Is it the original creditor? or a collection agency? If you don't mind, who is the company suing you? Who is there representation?
You must answer each of the allegations
for example:
1. admit or deny
2. admit or deny
You must have your answer to the magistrate in the set amount of time, usually it is 30 days.
You have to send a copy of the answer to the other party also. Send everything certified mail and return reciept requested.
You have to show up or they will win by default. I honestly think that you have this beat because the statute of limitations was up in August. even if it was in the later date of 2004, the four years was up in August. If you can prove it was 2003, even better.
I hope this helps or at least gets you started in the right direction. I am from Pa and have been through this, mine served me just before the statute of limitation was up. I think that you will be able to answer to the summons by simply stating that the statute of limitations is up. Type it up, give a copy of the magistrate as an answer and send a copy certified, return reciept requested to the creditor. You should be good to go.
If you have other questions please list them, I would be happy to help you as much as I can.
GN -it is a credit card from Federal Credit Union and it says I was in default as of 12/30/04 (this is fishy due to dates convience) although my last payment was definately in late 03. They say (Commonweath Financial Systems,Inc) that they purchased the account on 3/10/08 and are entitled to the right/etc. I think it`s SOL too -I`ll get a credit report on Monday to try and confirm the last payment
but do I file a dispute of debt due to SOL(or motion to dismiss) and send a DV letter to the CFS,INC? Thanks for your advice!
You should go and pull your credit report at www.freecreditreport.com. Here you will be able to pull any of your three report (or all three) for a free look. Now what you are looking for is the name of the credit card that you are being sued for..Original lender is the one you want. Look at the listings under it and you will find the date of the last activity. Some will list 30 days late...60 as of and they give the date. Go by the one where you were thirty days late on the payment and count 4 years from that date. This is the date you will have to go by not your checking just in case there were any listing errors on your part.
WHAT TO DO
Another question looms in my mind -when you debt is sold the new collector always sends you a notice and asks if you dispute it. If it`s SOL is that the proper time to tell them you dispute it because it`s SOL or will they find a way to jocky the dates before sueing you? Anyone have any experience in this realm? Again thanks for reading and or your comments.
They probaly have already closed the accounts anyway. They will keep adding to the debt amount until..well...forever...Since you are prtected by the SOL then you can ignore them or send cease and desist letters asking them to end all contact with you. You will have to send it certified mail. They will probaly resell the debts to another company and you will have to do this process over again. As for 4) you made payments so you renewed the SOL now they can legally collect and yes its legal..NEVER NEVER make a payment once the SOL expires. The last one I am not completely sure on but if they lost because they didn't shopw then you won by default and should not be able to be sued for this debt again. Lets see what others here have to say but I do not think they can
agreed
Agreed never pay on a SOL but that deal was struck in the final year before SOL. Thus I paid on it to avoid court -lesson for all to learn -they will charge interest on your debt over and above the owed amount and get any deals in writting before paying!!!
See you have found this site. hope your handling everything on the other sites with your problems. I believe you came to the right place for help.
UPDATED?s
Ok i went to the local justice where my summons was from and told them I intend to defend because I don`t agree with debt. She took my number and said they`d file that I intend to defend and I would get a new date. Q how come last time I kept the same date when I called and said I would be there?
Now that I told them I`m gonna defend and have got my free credit reports from AnnualCreport confirming that my last payment was well over 4 years ago + prior to them filing -what do I do now?
Wait..thats about all you can do at this point. I have heard of people waiting sometimes two years to actually see the courtroom. I believe Good natured is still waiting to go to court on hers. You have the proof to show you are passed the SOL on this debt so whe it does go you should win due to that.
Wait..thats about all you can do at this point. I have heard of people waiting sometimes two years to actually see the courtroom. I believe Good natured is still waiting to go to court on hers. You have the proof to show you are passed the SOL on this debt so whe it does go you should win due to that.
YOu should be able to get this stopped before it even hits the courtroom, you need to present the proof to the court that the statute of limitations is past, they can't even legally sue you.
Is it possible to do this?
I would think that he would have to wait until it actually went to the courtroom before he defend. Where can he go and what does it take to stop this type of action. I am hoping it will not be an atty because that would just add more stress finacially to the poster. Isn't there actually a board os atty's that handle these types of caes? Why could the poster not get in touch with one of them and get it all ended?
Proper response to summons
I just received a summons from a lawyers office about credit card debt. I haven't read it yet but have been told by people at my house. I want to respond but in the right way. The problem is that I'm currently working overseas to save money for my debt. I can't return home to represent myself because of job commitment.
Any advice?
If you do not file a response to the summon, the creditor can bring a default judgment against you to recover the debt. Now since you cannot visit the court to file the response, you can appoint an attorney to file the response on your behalf and defend your case. Moreover, if you are now not in a position to repay the debt and you are sure that the creditor who has filed the complaint owns the debt, you can let the creditor bring a default judgment against you because the creditor cannot garnish your wage so long as you are out of the country. Now, when you return back, if the SOL on the judgment expires, you may not be required to pay off the judgment amount to the creditor. However, if the SOL does not expires when you return, you can contact the creditor and pay off the judgment amount.
Is it too late to also get debt validation? Surely if an atty can handle that part of the summons they can also send out this debt validation too. Once a judgement is answered how long does it generally take to get to the courtroom? I have heard of people waiting months so wouldn't this leave room for the atty to ask for validation? Soory ..just trying to see if the poster has any other options since he can not defend himself.
proper response to summons
I am in similar situation. My parents just received a summons for me regarding credit card debt from the original company.....Capital One by their appointed attorney. I lost my job last year.... husband and I lost our home....lost our car.... lost everything. Neither have been able to acquire proper employment. We are now in another country with family trying to start our lives over. I ultimately want to deal with these debts we have left but cannot yet. I have previous bankruptcy due to a business I was in years ago. I refuse to do that again. The debt we have left is something I believe over time we could do something about. In the mean time this summons appeared and I am not there to respond and have no money to negotiate anything. Then I'm told they will issue a warrant for my arrest if I do not show? What happens then? I do not have money for an attorney but desperately want to handle this the right way. I also do NOT want my parents being constantly harrassed for my debt . Is there any FREE advice on exactly how to go about all of this without ruining the rest of our lives? I'm ultimately not trying to run away from anything. We plan to come back to the US. Not sure when but we don't plan on being gone for years on end such as waiting until SOL runs out. And I do not want to be ARRESTED when I go home??
summon from dti
i receive a summon from dti regarding price act, could you help me make a formal letter to answer the summon? they require an answer that need to be notarized. i just have no idea how to answer the summon
SOL in PA
I was told via email by an internet lawyer in PA that soon as they file suit against you then the 4 year SOL will never happen. In other words, you will have the debt for the rest of your life unless you pay it off.
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EDLyig Im thankful for the post.Really thank you! Really Great.