I was served papers for a credit card

Submitted by Anonymous (not verified) on Mon, 07/26/2010 - 02:45
Forums
Credit repair

Please Help!
I was served papers tonight from a Collections Agency.. For a credit card I used back in 2003.. I have not made any payments on it since 2003... the amount is $1200.. i was 18 when I used it... it was Bank of America and another credit agency bought it I think in 2007.. What do I do? I thought the 4 years where up already.. why are they suing me..? I live in California.

Aaron

Hi Kendall,

First try to find out if there is really a lawsuit agaisnt you.

The Statute of Limitations (SOL) in California is 4 years. Then, as per what you say, the SOL on this account has expired. The collection agency won't be able to win agaisnt you, as the SOL has expired.

However, as you have received the summons, you will have to answer to that. You can defend yourself by mentioning about the expired SOL. I think it is better to consult a lawyer about this.

Thanks,

Aaron

Mon, 07/26/2010 - 09:12 Permalink
Katrina

I agree with Aaron, anytime you are served with a court summons it is always best to consult with an attorney. There are plenty of lawyers that do not charge a fee for a consultation. Do research on the CA as well, they may be known offenders of the law and there may be a class action suite out there or an attorney who as fought this battle for another party in the past and would be willing to file a counter claim.

Mon, 07/26/2010 - 23:24 Permalink