Being sued-not original creditor

well, sounds like you got a legitimate notice if the sheriff delivered it, however, it also sounds like this company is using tactics that aren't kosher at all. I'm not all that knoweldgeable about this, but try the debt forum and type in summons in their search bar, you don't necessarily have to register there and see what happens. I think you should register and talk to a debt professional. I would also see if there is any legal counsel in your area that would be willing to give you a free consultation. in the mean time gather all correspondence that you have had with this company, any payments, mailings etc. so you have it in your corner. i think PA has a 4 year SOL, but someone else on this forum will confirm that i'm sure as they will be along to help. Also, record telephone conversations as well, by that I don't necessarily mean tape recordings, i mean write down the date, times, and the person's name you spoke to as this will help you to. Please answer the summons as this company can win your case by default if you do not respond.
So, respond to the summons, see if you can get legal counsel in your area and look to the debt forums as well there is load of information. lots of support here Candace so try to relax as much as possible. that second lady who got on the phone is only a bully. she's trained to be that way unfortunately...good luck and let us know how you're doing ok?

Oh Candace, what's the name of the company suing you? that may help us to help you

PA SOL is likely 4 years, and I think that is from the date of the last payment. This is important: They have 4 years to file, not 4 years to serve you (however, I do not know how the "reinstatement" will affect your case).

You must answer with in that twenty day window of they will win by default, just answer each numbered item yes or no and return a copy to the county courthouse where the summons is issued. If you don't they will win by default. Even if it is out of the statute of limitation, some type of response is required for you to have a chance. If you dont do anything, they will win and the judge will issue a decision in their favor. Going through this right now and I am from Pennsylvania.

Who is the collection agencies that is suing you, just curious if it is the same one that I have. Please post who it is and If it is the same one, I can give you a ton of information, but regardless, you must answer the summons.

candace:
Quote:
Pennsylvania Statute of Limitations

Contracts: 4 years, (used to be six).

Contracts under seal: 20 years.

Sale of goods under UCC: 4 years.

Negotiable instruments: 6 years (13 PA C.S.A. .§3118).

A lot of times the sheriff doesn't make service the first time around (you weren't home maybe?), so he returns the summons unserved. In that case the creditor has to go back and get an alias summons for re-issue. That may be the reason for having 3 different dates -- the first two weren't served. You can check with the court about that.

SOL starts its run when the account first becomes delinquent; but any time you make a payment, the counter is reset.

That might be a probability creditgrantor. What are alias summons?

Hi Laura, I'm going to take a stab at your question, I've heard that term at work before. Alias summons is a second summons that's issued after the first summons wasn't answered/didn't work. usually this second summons is created in the form of the original. I"m sure someone will be here soon to shed more light. I think that each state has their own mandate on these

I think you are right desiree, the sheriff will try several times to issue the summons, did they leave anything on your door or any other type of notice for you to come to the sheriffs office to pick the notice up.

Desiree hit it right on the head ... There can only be one "original" summons, so any subsequent summons are called "alias". It has the same legal effect as the original, just that it has been re-issued with new dates.

great job desi, it sounded like a good answer.

I got mine first time around after the sheriff left me a note on the door.

I have never been served but I know the whole situation would make me a nervous wreck. I wish both of you luck.

I dont think it should be that scary if we all are around Dadummy. Dont you find support here? Summons are not to be scared off if you have paper work ready to prove your points at court.

I am glad that this forum is around, I used the debt forum quite a bit when I first recieved my summons, had alot of good people there calm me down and get back into the business of getting all my information together, filing an answer and so on. Could not have done it with out them.

Thanks a lot Taylor

In most states, the statute of limitations starts on the date of the last payment, and ends when they file the lawsuit.

I did not understand something Taylor. What did you mean by ends when they file a law suit? The SOL expires if a law suit is filed?

You are right Laura, if it is passed the statute of limitations, then they would lose the lawsuit because of this. I know in my case, they are stating that I made a payment, that I did not make, but this payment would be probed during arbitration. This said payment would put it back into the sol.

Note: if the sol is still in affect, the lawsuit freezes it, that is why alot of companies sue just prior to it running out to put a freeze on it.

What is up with all this spam? I commented on the other posts about it, it seems to be more and more. go away, far away

Were you informed over the phone? You should have gotten a summons if you were being sued and this would be in paper form, either through a sherriffs department or other authorized server usually it is the sheriffs department though.