I moved Last year and had my mail forwarded to my new address. but a about a week ago I saw my old neighbor and he told me the new tenant of the apartment I used to live in gave him a stack of letter that I guess were never redirected to my new address. In that stack was a Summons for a passed due credit card account. The summons gave me 35 days to reply, but that was back in April!
I live in New Jersey were the SOL for that type of debt is 6 years. The last date of activity for that account was June 2004 which means they filed the law suit well with in the SOL.
I called the law Firm handling the case and was told that the case has not been ruled on by the courts. Now that the 35 days to respond to the summons are over what can I do? Besides Settling the debt what else can! do so that the court does not give me a default judgement? what are my options?
They will usually file a lawsuit just before the statute of limitations is up.
you can try to work something out with the creditor or call the court, I would call the court and see what your chances of defending this is.
You should contact the court administrator on the summons, more than likely since it was issued back in April they probably got a default judgement on you.
Call the courthouse on the summons and find out what is going on with it.
I called and they told me that the Affidavit has not been filed yet. Is there any particular reason why the Collection Agency would hold off on filing the affidavit? what are the chances of getting a Motion to Vacate Judgment?