| 3rd suit filed, summons received What is the name of your state (only U.S. law)? MO
My husband received a summons to appear on 11/4 from LVNV (Sears). On his credit report (from 2 of 3, waiting on snail mail for the other) it states the date opened, date of status AND reported since date all as Oct 2003. I have been searching posts and googling and have come up with different answers to my questions.
I searched his name on Missouri case.net and it shows that LVNV has file suit against him 2 previous times. Both cases they were unable to locate my husband. Under "Disposition" the first one stated "Dismissed Without Prejudice" and the second, "Dismissed by Parties". I understand DWP means they can sue again but I cannot find any information explaining dismissed by parties.
First, is the SOL 5 or 10 years? Most places state CC are considered open account which is 5 I believe but I have read some posts disputing that in my state.
Second, if SOL does apply what steps need to be taken such as a motion to dismiss and is an attorney necessary OR if SOL does not apply isn't it way too late to try demanding they prove the debt?
Thank you for your time.
Last edited by lucey2; 10-22-2008 at 09:08 AM.
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