Results 1 to 10 of 10
  1. #1
    Join Date
    Feb 2006
    Location
    ut
    Posts
    7

    Default Help with SOL and bill collector

    Ok here is the deal

    a bill collector has sent me a summons and my old house in california where i have not lived for over 5 years

    Now i know the SOL is 4 years in CA and i now live in ut

    my brothers wife signed for the summons

    it is for a credit card debt that i know for a fact i havent made a payment on for at least 4 and a half years.

    my brother sent me the summons to where i live now it ut

    well i printed out the form that i think i have to fill out and send to them(answer-contract) and i guess i have to send it. only thing is im going to have to pay the courts $180 to file the paper.

    i guess my question is there anything else i can do about this.

    the court told me that 1 still might have to go to court even if i send them the papers. even if the SOL has ran out.

    does anyone know of anything else i can do?

    any other forms that can end this now?

    thanks in advnace for any help

    thanks

  2. #2
    Join Date
    Feb 2006
    Location
    ut
    Posts
    7

    Default

    another ? if i just didnt reply to the summons could they garnish my wages in ut from ca?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    Given that you live in a different state, you may wish to consider using a Utah lawyer to assert your defenses for you, while contesting Utah's jurisdiction based upon the fact that you live in a different state.

  4. #4
    Join Date
    Feb 2006
    Location
    ut
    Posts
    7

    Default

    yeah i was thinking i would calll around a bit today

    any other advice?

  5. #5
    Join Date
    Feb 2006
    Location
    ut
    Posts
    7

    Default

    or better yet what would be my best bet if i didnt get a lawyer?

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    Figure out how to prepare and present your defenses yourself, while traveling to Utah for any mandatory court hearings? Lots of fun.

    There are defenses to attempts to collect out-of-state judgments, but it is risky - it is best to get legal advice up front.

  7. #7
    Join Date
    Feb 2006
    Location
    ut
    Posts
    7

    Default

    ok
    update

    i sent in my answer-contract i stated the the sol has ran out

    now today i get something in the mail saying i have to go to court in california june 27th

    my ? is what can i take to court to prove when i made my last payment? do i have to have proof?

    shouldnt it be on them for proof?

    there is no way they can win the judgemant right?
    i have not made a payment for at least 4 and a half years and the sol is 4 years?

  8. #8
    Join Date
    Feb 2006
    Location
    ut
    Posts
    7

    Default

    i was reading over the paper they sent me and it says that it is a case management review on june 27th and i dont have to go?

    does this sound right?

  9. #9
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    If you want a court notice interpreted, particularly if you are looking for confirmation that you don't have to attend a court hearing, you should consult a local lawyer. The consequences of missing a required court hearing can be very significant.

  10. #10
    Join Date
    Feb 2006
    Location
    ut
    Posts
    7

    Default

    well i callled the court and they said it is just a case review and if they set a trial date they will serve me


    now is there anyway they can get a judgement if the account is past the sol

    meaning i didnt make a payment for at least 4 years and 8 months before they servered me.

    1. Sponsored Links
       

Similar Threads

  1. Disability Benefits: SSI or SSD Bill Collector Trouble
    By nswe in forum Social Security Law
    Replies: 8
    Last Post: 02-19-2009, 04:30 PM
  2. Contract Law: How to Shut Down a Bill Collector on a Breached Contract
    By TCCJohn in forum Business Law
    Replies: 2
    Last Post: 10-24-2008, 06:56 PM
  3. Debt Collectors: Contacted By A Bill Collector At Work
    By shall180 in forum Debts and Collections
    Replies: 1
    Last Post: 01-04-2008, 03:12 PM
  4. Debt Collectors: Public Assistance Check Taken By Bill Collector
    By helplessfather in forum Debts and Collections
    Replies: 5
    Last Post: 12-27-2007, 02:43 PM
  5. Debt Collectors: Bill Collector Threatening Court Action in Florida
    By AndrewTB in forum Debts and Collections
    Replies: 2
    Last Post: 06-14-2007, 11:09 AM
 
 
Sponsored Links

Legal Help, Information and Resources