Debt question?

Question

Hello. about 6 years ago i had the following debt.
card 1 6K
card 2 4K
card 3 4K
now both card 1, and card 2 feel out of the SOL i live in MI. Now i got a court summons for the card 3 and i have 6 months left until the SOL is up. Why did card 1 and 2 never filed suit and 3 has? has anyone else been through a court summons. i am broke from medical bills for my wife.

Answer 1

This is very important - are you basing your SOL on the date of last activity (DOLA) or the date of first delinquency -DOFD (the first time you were 30 days late and never brought the account current leading to the charge off)????

If you are basing your SOL on the DOLA, you may very well be out of SOL now. Your SOL starts running on DOFD. The DOLA is generally 6 months later than the DOFD.

Theres no telling why they never sued for the other cards.

You need to answer the summons in the time allowed. Be sure to use affirmative defense of SOL as one of your defenses. make THEM prove that you are not out of SOL.

Look over your reports and the letters that they had sent you for ANY inaccurate information. If you find any (and I bet you will) file counterclaims against them.

You might check with Legal Aid and see if they will help. Unfortunlately it seems that many times Legal Aid will only help with your paperwork You would be on your own in the courtroom.

You can also go to www.naca.net (National Association of Consumer Advocates) and look for an atty in your area. Many will give you a free first consult. Just be sure and ask about the free first consult when you call for an appt.

If you do have counters against the collection agency, the lawyer may(?) take the case on contingency. If you win, the Plaintiff will pay your legal fees. Plus, if you win and you have counters filed, that could be money in your pocket.

You might want to do some reading in the site I've listed. It will help you in knowing what to look for as for the inaccuracies. You can also find links to your states rules of civil procedure (RCP) which you will need to use as a guide when answering the summons.

Even if you use an atty, I would suggest doing as much reading on your states RCP, statutes, collection and reporting violations as you can. The more you read, the more informed you will be as not every judge or lawyer is totally on top of every FDCPA and FCRA violations.


For the other two cards, you might send a debt validation letter and when you get a response, or no response within 35 days, then send them a SOL letter.

Answer 2

It seems that you are dealing with three different companies.

Some credit card companies are more aggressive in pursuing accounts which by contract are delinquent. Also, if you look at it from a monetary standpoint, you have $3.4k on the card which filed a summons versus the rest which are far less.

When you are summoned, you must respond or else a summary judgement will be placed against you. That says that the plaintiff (credit card company) will win no matter what.

If you simply cannot pay the balance on either cards, get in touch with the company for Card 3 since that is the most pressing. Tell them your situation and maybe they can work something out.

Then as soon as possible, call the companies for 1 & 2.

Good luck!

Answer 3

Good luck. The courts will pass judgement without you present and will keep it on your credit report for teh next 10 years. You will not be able to purchase a home without that paid off. The court will allow you to make payment arrangements. Ensure you make it to court.

Answer 4

You got sol brother...