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

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Old 09-07-2008, 05:16 PM
ROSE78 ROSE78 is offline
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Default Received A Summons Over Credit Card Debt
My question involves collection proceedings in the State of: CALIFORNIA I JUST RECIVE A SUMMONS FOR A CREDIT CARD DEBT IN 2005. THE SUMMONS HAS BEEN FILED IN 5/08 AND I JUST GOT IT ON 9/08 THE COMPLAINT IS FOR 1)BREACH OF CONTRACT 2)COMMON COUNTS AND IT SAYS THAT I AM ORDER TO APPEAR FOR ORDER TO SHOW CAUSE OF HEARING AND SHOW WHY SANCTIONS SHOULD NOT BE IMPOSED FOR FAILURE TO FILE PROOF OF SERVICE OF SUMMONS AND COMPLAINT. THE PAPERS THAT WHERE GIVING TO ME HAVE MY OLD ADDRESS THAT I LAST LIVE IN 2000. THE CREDIT CARD THAT IM BEING SUED FOR HAS MY PROPER ADDRESS I USE TO GET STATEMENTS FROM THEM TO MY NEW ADDRESS. THERE IS A CIVIL CASE COVER SHEET ADDENDUM AND STATEMENT OF LOCATION THAT STAES REASON FOR COURT LOCATION 1)MAY BE FILED IN CENTRAL 2)LOCATION WHERE PERFORMANCE REQUIRED OR DEFENDANT RESIDES. MY FIRST IS WHY DO THEY HAVE MY OLD ADDRESS WHICH IS 30MILES FROM WHERE I LIVE AND WHY ARE THEY SENDIND ME TO A COURT DISTRICT WHICH IS 40MILES FROM WHERE I LIVE ITS REALLY FAR. WHAT CAN I DO ABOUT THIS? I CHECK OUT THE COURT WEBSITE FOR INFO ON MY CASE AND IT HAS
5/08 COMPLAINT FILLED
5/08 SUMMONS FILLED
5/08 OSC SET NOTICE FILED AND MAILD
6/18 A/C COMPLAINT FILED
MY NEXT QUESTION IS I KNOW HERE IN CALIFORNIA THE STATUE OF LIMITATIONS IS 4YRS MY DEPT IS FROM 9/05 AND I JUST RECIVE IT IN 9/08 WICH IS THE 4YRS THE SUMMONS WAS FILED IN 5/08 A COUPLE OF MONTHS BEFORE THE 4YRS. WHAT IS THE TIME FRAME ON SOL IS MY DEBT STILL WITHIN THE TIME FRAME? WHAT CAN I DO ? IM NOT SHURE WHATS THE NEXT STEP? I DONT HAVE A JOB OR ANY PROPERTY CAN ANYONE HELP ME PLEASE?
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Old 09-07-2008, 06:33 PM
Betty3 Betty3 is offline
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Default Re: With Summons
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I KNOW HERE IN CALIFORNIA THE STATUE OF LIMITATIONS IS 4YRS MY DEPT IS FROM 9/05 AND I JUST RECIVE IT IN 9/08 WICH IS THE 4YRS THE SUMMONS WAS FILED IN 5/08 A COUPLE OF MONTHS BEFORE THE 4YRS. WHAT IS THE TIME FRAME ON SOL IS MY DEBT STILL WITHIN THE TIME FRAME?
The SOL on a credit card debt in Ca. is four years. If the date of last activity (ie date of last payment) was 9-05, the four years would not be up until 9-09 (not 9-08) + the summons was filed 5-08. I don't see where the SOL has elapsed if I am understanding/reading your post correctly.
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