Answer to Summons

[vanwim]

What is the name of your state? MN

I rec'd a summons in for a debt that I dont remember having. Since I have no recollection and no paperwork. I pulled my credit and there is a collections on there showing the date of 1st deliquency as 8/2000 and the OC wrote it off. This summons has the Date of Last activity as 2/2001. They have not attached any kind of documentation or proof with the summons.

Question 1:
if i contact what shows as the OC on the credit report and ask for written verification will that restart the SOL?
Question 2:
In my affirmative defense of the SOL for MN, do I also indicate what I found out on my credit report or just state the SOL has run out and their action can not be brought against me?

[Betty]

Originally Posted by vanwim

What is the name of your state? MN

I rec'd a summons in for a debt that I dont remember having. Since I have no recollection and no paperwork. I pulled my credit and there is a collections on there showing the date of 1st deliquency as 8/2000 and the OC wrote it off. This summons has the Date of Last activity as 2/2001. They have not attached any kind of documentation or proof with the summons.

Question 1:
if i contact what shows as the OC on the credit report and ask for written verification will that restart the SOL?
Question 2:
In my affirmative defense of the SOL for MN, do I also indicate what I found out on my credit report or just state the SOL has run out and their action can not be brought against me?

You need to reply to (answer) the summons. I don't know what type of debt this is but the SOL for most debts (incl. credit cards) is 6 years in Mn. The SOL has expired is a defense people use when they go to court. (if it has expired) Note: In Mn. a new written acknowledgement or payment on debt tolls the SOL for the debt.