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Go Back   Law Forums at Onlypunjab.com > BANKRUPTCY AND CONSUMER CREDIT > Debt Collections

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  #1  
Old 12-15-2006, 05:03 AM
zombia zombia is offline
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Default summons for years old case.

Hello lawyers,
Last month, I recieved summons for court stating I had specific number of days to answer the complaint, of which I did. I sent that out and there is no court date set. So, I wish to send them a letter of validation. This years old complaint is on a cedit card debt, and I havent paid on it for over 6 years. the bank 'discharged' it back in 2002. Then, I was layed off from work just before the summons arrived. I own no personal property. I am wishing a settlement and making payment arrangments, but not for the full amount. on top of a $6k debt, they want $2k in interest charges. They hit my credit report recently about this, can they do that this many years later? Anyone can suggest of how much time I have to deal with this before dragged into court?
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  #2  
Old 12-15-2006, 05:05 AM
exjudge exjudge is offline
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Join Date: May 2006
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Default

Just check because they could still proceed without you knowing and get a default judgement. So, go to court and plead SOL defense. If they get a judgement you will have to pay it with interest.
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  #3  
Old 04-06-2007, 02:43 PM
hcm1 hcm1 is offline
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Default Re: summons for years old case.

try to have someone that is good negotiate the bills

try these guys
hcmediation.com
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  #4  
Old 04-10-2007, 11:40 PM
GilRoberts GilRoberts is offline
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Default Re: summons for years old case.

Quote:
the bank 'discharged' it back in 2002.
Discharged is a term use during bankruptcy. If you filed bankruptcy,it was 'Discharged', and you are being sued for it, I would get a lawyer right away and discuss your rights.

However, I think what the bank really did was 'Charged-Off' your account. This means they reported your account as a loss in the accounting records. This does not mean you don;t have to pay it. Actually, it is the time when they get the most nasty with it. At "Charge-Off' many companies place your account/loan(s) at a Collection Agency,a Collection Lawyer, or your debt to a Debt Broker (who does one of the first to options depending on the size of your debt).

As for time, it really depends on the contract, loan amount (or account balance) and your state's laws. If the win judgement, the time clock starts over and they have a whole new aresenal to unleash (garnishments, leins, etc). I would suggest you either attempt to settle the debt, submit to a payment plan, or file bankruptcy.
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  #5  
Old 04-13-2007, 06:12 PM
downdraft downdraft is offline
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Default Re: summons for years old case.

1. Check statute of limitations your state for credit card debt
2. If you have not paid anything, nor acknowledged you owe anything, nor promissed to pay anything, nor tried arrange a settlement, then the statute of limitations, if 6 years, makes the debt un-suable. Notify the court/judge with that information, stating when the statute expired.
3. If you seek now to pay something, I think you are going to chance reactivating the statute...i.e. for another 6 years....this is just what they want...if this is a collector who bought your account, they paid from 5 cents to 7 cents per dollar allegedly owed by you...yep, that little...and anything over that is a great profit
4. DO NOT ADMIT ANYTHING...why forfeit your day in court to defend yourself?
5. Don't panic, don't be sucked in by these scavengers (those who buy useless debt agreements and harrass you to pay)
6. But protect your statute of limitations, and if you have not written anything acknowleging the dedbt, the court can't try you.
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