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  1. #1

    Default Received Summons Over a Credit Card Debt

    I'm in Colorado. 6 year S.O.L. I received a Summons and the court date is 1/17/06.

    This is for an old credit card debt, a card I obtained about 14 years ago. It's been through many collection agencies through the years and I never responded to the letters. However, at one point, I stupidly made two payments over a two month span (mailed directly to the store, not to a collection agency, as I had no idea where the account was at, at that point) and surely restarted the S.O.L. I have no recollection of when I made those payments (it's been many years). I can only guess that I made them close to 6 years ago and that's why this has come back to bite me, but I honestly don't know. None of my 3 credit reports show anything about this.

    I called the law firm (the collector in this action) today to ask for proof of debt and all I managed to get from the attorney was that the charge off date was 1/07/00. I tried to be careful with my words and not acknowledge the debt as mine.

    I had met with an attorney a week or so ago about this, but she suggested that even if the S.O.L. is up, I'd still have to prove that and it could cost me quite a bit.

    It was hard enough to find an attorney to even talk to me about it (and I'm certainly willing to pay some for help with this), but now I'm confused about the information I've received and I don't have much time.

    I could use some help. With interest and atty. fees, I'm being sued for approx. $4,800.00 and I live paycheck to paycheck.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,637

    Default Collections Lawsuit

    Make sure you file a timely answer to the collections suit, raising appropriate affirmative defenses - especially the statute of limitations. You do not want to be defaulted. Technically speaking, the statute of limitations is an affirmative defense, meaning you would ordinarily have the burden of proof; but by the same token, the plaintiff in the collection suit has the burden of documenting the existence of the debt, and the expiration of the statute of limitations may be obvious based upon that evidence alone. You may wish to try getting assistance through legal aid - check out these resources from the ABA.

  3. #3

    Default

    Thank you very much for your response.

    1) Is filing an Answer required?
    2) What if I file an Answer saying the S.O.L. has run, but I'm wrong?
    3) Or should I just show up in court and say I think the S.O.L. has run?

    I'm sorry for my ignorance. I've never dealt with anything like this.

    I'm not so poor that I might fit in those legal aid guidelines, but if I could find someone to help me for $500 or so...I could borrow that much. Any suggestions?

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