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Credit Card Debt Collection issues with overdue or defaulted credit card debt.

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Old 05-15-2007, 05:43 PM
silver01 silver01 is offline
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Default Just Got a Summons to Appear
They just dilivered a summons to appear at my house. It says the purpose of the hearing is to record my appearance, to enable the court to determine the nature of the case and set the trial date. Does that mean nothing is going to happen on that date. Also the last time i made paymnet to this CC was Jan. 03. What do I have to do to show that the SOL has run out. Do I have to file a motion or do i just tell the judge. Thanks
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Old 05-15-2007, 06:01 PM
Betty3 Betty3 is offline
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Default Re: Just got a Summons to Appear
The SOL has expired is the defense you would use in court when you are sued.
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Old 05-15-2007, 06:04 PM
silver01 silver01 is offline
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Default Re: Just got a Summons to Appear
I dont have to file a motion, just tell the judge that the SOL has expired.
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Old 05-15-2007, 09:35 PM
Mr. Knowitall Mr. Knowitall is offline
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Default Re: Just got a Summons to Appear
You should file an answer to the complaint, and raise the statute of limitations as an "affirmative defense", along with any other affirmative defenses you may have to the claims made against you. The statute of limitations and rules of court procedure are different for each state.
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