[tripp25]

I was recently notified by my former neighbor that someone was trying to issue me a summons at the house I used to live in in Arizona. I researched the county of where I used to live (Pima) and sure enough, there is a case there (in my maiden name) that was filed early this year regarding an old credit card.

Since the time of last activity, the Arizona SoL has greatly passed. SoL had passed when I was still a resident of Arizona; prior to my move to Florida.

What is also interesting is about 6 months ago, the collector/attorney sent us a final notice stating that they would litigate unless we contested the debt. We did ask for proof of the debt (we sent request, in writing via certified mail) and never heard back from anyone. We assumed they clarified their records and dropped the account.


How should I go about this? I have not been issued a summons yet, I live in another state, the SoL has passed...

For now, I plan to at least keep an eye on if the county court records any issue of summons. Then I know I will have a clock ticking to apply a defense.

What is my best line of action from here? Thanks in advance for any input.

[lwpat]

If they cannot serve you, nothing should happen. However, it is possible they may get a default judgment in AZ. In order to enforce it they will have to file in Florida. You can have it set aside based on lack of service and lack of jurisdiction. The problem is that it will be put on your credit report.

You could hire an attorney in AZ file for a special appearance and request dismissal for lack of jurisdiction or agree to jurisdiction and fight it under SOL. Just depends on which route you want to take.

[tripp25]

If they cannot serve you, nothing should happen. However, it is possible they may get a default judgment in AZ. In order to enforce it they will have to file in Florida. You can have it set aside based on lack of service and lack of jurisdiction. The problem is that it will be put on your credit report.

You could hire an attorney in AZ file for a special appearance and request dismissal for lack of jurisdiction or agree to jurisdiction and fight it under SOL. Just depends on which route you want to take.

OK, online court records now show that I was served in late March (never got it), I have not been in Arizona since late last summer. I have copies of my credit reports that show last activity on the account (showing SoL has passed), the certified receipt for the letter I sent to the creditor requesting verification of the debt, and plenty of proof that I have been a resident of Florida since last summer before they filed in court (SoL passed well before I moved).

I was trying to look into an attorny that is in that county but I just got confused. I can find attorneys that represent creditors or that assist consumers in bankrupcy, but not one who specializes in the consumer side of credit. What specifically should I search for for someone to represent me since I geographically can not go to the county court? Or should I contact the court with a letter of my defense and mail copies of what I have to them?

Would it be easier to let it default in Arizona and defend myself if the case finds itself in Florida? If is defaults in Arizona I would assume they can not collect from garnishment since I live in Florida

Having this on my credit report as unpaid is not really a concern to me overall. I am just looking to not pay this, be it through SoL or jurisdiction.

Thanks in advance for any further insight on this...