Summons Received Over Credit Card Debt

[bill79]

Help! Received summons a few days ago from third party collector for old cc debt. Have questions regarding jurisdiction. I live in pa and have been living here for 4 1/2 years now. The court summons is from nj. I thought jurisdiction would be pa being that I reside in Pa. The county that the summons is from is not the county of the collector or the attorney that is representing. Opened the account in june of 98. Went deliquent in august of 2002. From my understanding this would be out of SOL. Do I fill out answer and file summary judgement?

[jk]

You really should look up the statutes of limitations for New Jersey.
You might also look up "tolled". Not sure it applies but it may.

[bill79]

You really should look up the statutes of limitations for New Jersey.
You might also look up "tolled". Not sure it applies but it may.

I don't believe that the statute of limitations for NJ should apply, the account went deliquent while in Pennsylvania, where I have resided the entire time since the account went deliquent. Also, they are reporting the original creditor partially incorrect, and my last name is also missing two letters at the end of it. The account number which they say is the original account number is only part of the account number, and the last 3 or so digits are incorrect. I am gathering the SOL in NJ is either 3 or 6 years, depending on how you look at it, however I cannot understand in any way how NJ law would preside here. I think it has something to do with trying to get a default judgement against me, and also the fact that the law firm who is working the case for them only has 1 attorney lic. in PA, and it is not the main collections lawyer that works for them.

[jk]

SOL 6 years
Where did you live when you signed the agreeement? New Jersey I would guess. Therefore, New Jersey is the right place.

I don't believe that the statute of limitations for NJ should apply

,

Doesn't make any difference what you believe, it is what the law is that makes the difference.

Have you checked on that tolled debt situation?

If you want to argue the points you made, do so. Just don't simply ignore it because of those discrepancies.

File your response that the person listed is not you (be careful if there are any other means of identifying you listed) and that is not your account.

Apparently though the creditor found you using that info so I would tread lightly with those items.

[GreatGadsby]

you should be sued where you reside. make a motion to have it moved.

not to mention that if you had already moved when the account went delinquent, they have no business suing you in Jersey anyway. have it moved and use the Penn SOL