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says i'm being sued over a credit card 5 years old .. it says i must answer the complaint in writing to be filed with the court within 21 days after received .. or judgment will be entered against me for what the plaintiff has demanded ....... sooo does this mean i need 2 contact the courts are call the plaintiff thats sueing me to mybe have them except payment arrangments ?????? help plzzzzz

2006-11-17 11:53:31 · 4 answers · asked by sh00onuff 2 in Business & Finance Credit

4 answers

Call A lawyer 1st..... askalawyer.com good web site for info....

2006-11-17 12:04:01 · answer #1 · answered by damifiknow 2 · 1 0

Well I think that in most states it is likely that 5 years is past the time they can file a suit, so I would answer it with the court at least at first, just be careful about lies in your answer. The chart is here:

http://www.cardreport.com/laws/statute-of-limitations.html

In any case if it is enough to be worth it, you might want an attorney involved.

If it is over the time limit, then that is your only answer--don't say anything else because you don't have to. Remember their date isn't necessarily right and it would count from the first missed payment so if you think their date is wrong, argue that in the answer. If you lived somewhere else when you made the agreement, you could argue the jurisdiction especially if the time has expired in the other jurisdiction but not where you are.

The collection agency will only go as far as the debt is worth. They would only spend the money to actually show up in court if the debit was significant and it was very clear cut that they would win, because even if they do there are still issues in collecting that cost money.

2006-11-17 12:28:29 · answer #2 · answered by Anonymous · 0 0

No it does not mean you need to call the person suing you. It means you need to file a response to the lawsuit with the court within 21 days or you will automatically lose and the plaintiff can garnish your wages, seize your car, put a lien on your house and generally make you wish you had paid your debt in the first place.

The first thing you need to figure out is whether or not the debt is beyond the statute of limitations. What state are you in?

2006-11-17 12:33:06 · answer #3 · answered by Anonymous · 0 0

You need to answer the summons as the court has asked of you. You could try contacting the credit card company but it is probably too late because it has gone to court. However it doesn't hurt to try but the court has probably instructed them not to have any further contact with you.

2006-11-17 12:22:14 · answer #4 · answered by Medical and Business Information 5 · 0 0

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