I received a complaint and summons for a debt that is right at the statute of limitations. What should I do?

Question

I am in the state of Indiana, and I received a complaint and summons regarding an old debt on November 30. I pulled up my credit report and the last payment was made either in October or November of 2001 and I think it's now too old. Should I answer this myself, see an attorney, what?

I am in the state of Indiana, and I received a complaint and summons regarding an old debt on November 30. I pulled up my credit report and the last payment was made either in October or November of 2001 and I think it's now too old. Should I answer this myself, see an attorney, what? I should add that this is a revolving credit card.

Answer 1

The first poster is correct if you do not show up the lender will get a default judgment even if the debt is past the S.O.L..

You did not say what kind of debt it is so I posted a link where you can look up your State and be sure. If the debt is past the S.O.L. all you have to do is show this to the court and the case will be dismissed.

Never admit that this is your debt, as this can restart the S.O.L. in some States.


http://www.bcsalliance.com/index.html

Answer 2

Do not send any letter. Contact a lawyer who specializes in financial issues. With the amount you mention at stake, a consultation with a lawyer is well worth the money. Let him send a letter if you both decide it's a good idea. I totally understand your point of view, in that the original company has long since written this off as bad debt and the collection company bought this debt for next to nothing, but I believe (check with the lawyer) that this is still your debt. No doubt it can be negotiated down quite a lot by a skilled lawyer, and I suspect there is some legal cap on the amount of interest they can charge. You need professional advice on this one, and the sooner the better. It will save you lots of money in the long run.

Answer 3

DO NOT under any circumstances ignore a court summons.....No show = default judgment, regardless of this debt being outside of the Statue of Limitations. There are a lot of predatory collection agencies playing the default judgment game for debt that is outside the statue of limitations.

Contact the court immediately and file for a "Motion for Continuance," which is a fancy term for "postpone." Explain that you don't have sufficient paperwork ready.There's no guarantee that they'll move the court date, but there's no harm in trying as the worst that can happen is that they'll say "no." This will demonstrate to this firm that you are on top of things.

Send a brief note to this firm via Registered Mail with Return Receipt stating:

- Per the Fair Debt Collection Act I am requesting validation of this alleged debt and also proof that this alleged debt is within the Statue of Limitations.

Be very careful in communicating with this firm in writing...Only refer to this as "alleged" debt..Do not admit to any liability whatsoever....If you are careless in your communication they can (and will) use this against you to get a judgment..Be brief and to the point. If you can afford one...hire an attorney.....

Answer 4

You still have about 5 years left before the SOL has expired. In case you didn't know the statue of limitations in Indiana is 10 years on written contracts.

Answer 5

Of course you need to answer it. If you don't answer, you will have a judgment lodged against you for failure to respond to the summons.

And THAT will occur whether or not you are past the SOL. If this is a small claims action, you can answer yourself. If in the conventional courts, you are advised to use an attorney.

Answer 6

Take all your paper work with you & go to court -- explain it to the judge. If he is at all reasonable it should be dismissed. Getting a lawyer is just going to be a waste of money. He can't do any more for you than what you can do for yourself by showing up & pleading your case. {:>) You might give Legal Aid in your state a try... it's free legal advice.