can someone please help

What is the name of your sWhat is the name of your state? Ky
Today i received a letter from District court (civil summons)saying that i was hereby notified that a legal action has been filed against me in that court.demanding relief as shown.this is on a credit card that was charge off in 94. and asset acceptance llc and then a law firm Green&cooper has purchased.now they say i have 20 days to have a written defence ...I do not know what i should do. can someone please help?and i'm sure the sol is up on this.Thanks for any help.
enols tate?

[JETX]

The SOL for an open account (credit card) debt in Kentucky is 5 years.

Based solely on your claim that this was written off in 1994, that would make the enforcement of the debt to be 'time-barred' by expiration of the SOL.

And that is really all that you have to do in your answer to the summons. State that the SOL has expired on the debt and ask the plaintiff to be forced to prove their claim. Then, on the date of the hearing, show up with your facts (copies of the Truth in Lending definition that credit card debts are 'open accounts' - a lot of these scum-bag lawsuits try to claim they are written agreements, which have a 15 year SOL in KY), and a copy of the KY SOL showing that the debt is DOA.
As long as the plaintiff can't prove that the DOLA (Date of Last Activity - either payment or charge) on the account is within 5 years of the date the lawsuit was filed, you should win.
Sounds like a slam-dunk to me!!

thank you jetx for answering so quick,the last paydate was 06/07/94
the charge off was 11/08/94 green&cooperp.s.c. purchase this debt from asset acceptance llc in 06/28/01.do i need to take this information to the clearks office? or write green&cooper,p.s.c and let them know that the sol is up?this board has given so many people a lot of help,thanks to all of you guy's
enols

[Ladynred]

You need to file your Answer to their Complaint (lawsuit) within the time specified and in it you use the expired SOL as your affirmative defense.

The link here is to some good information on how to answer a lawsuit that is beyond the SOL:


[url]http://community-2.webtv.net/YCHANGE/STORAGE/page2.html[/url]

Instructions are included so be sure you read it all. As JetX said, this should be practically a slam dunk. ASS-et Acceptance is slime and they are know for filing lawsuits on time-barred debts. The lawfirm is probably just a local yokel ASSet hired to do their dirty work. ASSet only wins these cases when the debtor ie. victim, doesn't show up in court. Its been shown that when victims do show in court with their ducks in a row, ASSet loses !!

thank you ladyinred,as you and jetx said i answer the complant today,and sent the ca the letter certified mail with a receipt now we will wait to see what happens next.i could understood this more if they had not waited so long.well anyway thanks to all of you and may God bless each of you,and i will let you know how this goes,and one more thing where do i find the Kentucky statute of limitation(sol)i tried everywhere,i can't seem to find them,i thought i could find anything with google.....thanks again
enols

[bigun]

Go to the link Ladynred provided and scroll down to your state.