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  #1  
Old 05-10-2004, 03:01 PM
RM123
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Summons for Credit Card


What is the name of your state? Arkansas

I received a summons certified mail today regarding a Credit Card that I do owe.
I no longer live in the state which the summons is from and have no desire to return to court in that state (AR). I would like to settle with the Plaintiff, but do not know the best way to do this. Should I get an attorney, or contact the Plaintiffs directly to work out a settlement. Obviously I plan to get everything in writing, but not sure where to start. I would rather handle this myself, rather than mess with attorney fees, but again not sure where to start. Any advice?
Thank you for any advice.

Forgot to ask in post about SOL. When does the debt begin accruing as the debt is back from 2000 - Arkansas has a 3 year SOL, but is it from the orignal creditor's state? And, once they sell the debt to someone, does the 3 years start from that point? Should I validate the debt as I'm not sure to the amount? Thanks again.

Last edited by RM123; 05-10-2004 at 03:39 PM. Reason: Additional Question?
  #2  
Old 05-10-2004, 03:39 PM
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Join Date: May 2001
Posts: 6,454
When did you last pay the orginal creditor? Ark. has a short SOL for cc debt. CC's are open accounts.

[url]http://www.locate123.com/StateLaws.asp[/url]
  #3  
Old 05-10-2004, 03:45 PM
RM123
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Not sure yet, still researching, but the original debt came from South Dakota (CC company) Does that matter? Or is it the state the summons was filed? Thank you.
  #4  
Old 05-10-2004, 06:32 PM
RM123
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Question

??


Last Activity 8/99
Date Reported 5/03
  #5  
Old 05-10-2004, 07:49 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Oh man if that last activity is 1999, then the SOL is LONG GONE in AR. Since they are suing you in/from AR, then AR laws would apply includind the 3 years SOL.

You have an absolute affirmative defense in the expired SOL and you MUST use it in your Answer to the Complaint. I would NOT attempt to settle with the Plaintiff at this point as you have a much better chance of having the whole damn thing thrown out of court entirely.

Here's a link on how to Answer a lawsuit on an SOL debt:

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

The AR statutes you need are here:
[url]http://community-2.webtv.net/Y-Chat/WhyChatsCredit/page5.html[/url]

The Plaintiff wouldn't be ASS-et Acceptance would it ??
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  #6  
Old 05-10-2004, 07:50 PM
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Last activity of 99 would put it beyond the SOL for Ark.
I'd suggest you do 2 things. Respond with a general denial the charges in the summons and raise the SOL defense.
Next send a letter CRRR to the lawyer who filed the suit demanding validation of the debt. Demand a signed contract and, a complete accounting of all charges.
  #7  
Old 05-10-2004, 08:16 PM
RM123
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Thanks for the replies Ladynred and bigun. I feel a little relieved. Also, upon researching, Arkansas is not a toll state, so the SOL wouldn't stop because I moved Out of state. I would really prefer to send these letters on my own, rather than going through an attorney, but want to make sure my response is on time and proper. I will take a look at the links and go from there. Any additional info would be greatly appreciated. Thanks again!!!
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