chien..what do u suggest

[Endless sufferi]

What is the name of your state? GA
What is the name of your state? GA
I've just received a summons from Trial Court of Massachusetts District Court Dept. for a Credit Card debt. According to the credit report, SOL has expired (Last date of Activity--October,2002). I was in other country for the last 4 yrs hence couldn't pay.
Problem :
>>Currently i'm in Atlanta, GA and the court is asking me to be there on 9/11/07. What to do?
>>I didn't response to the debt collector when i received his mail....asked me to call him.
>>I have the print out of the credit report. I checked [url]www.annualcreditrepot.com[/url] to get the report by mail....it will take more than 15 days...i guess i don't have enough time for that. Any suggestion?
>>Can i have the sample letter to response to the summons?
>>I'll call the court clerk. Tell them I have been sued on a debt that is out of statute and ask if they have a standard form for that type of response. However, If they don't help, can you help me with the response?

Going thru another bad moment of my life...any suggestions would be appricated.What is the name of your state?

[Chien]

While flattering, I think you should keep questions in a single thread, and I agree with DC, as is normally the case. If I had anything more/different to add, I would have posted in the original thread. Most members would have given you the same response.

When you said you’d been out of the country for four years, DC’s response simply reflected the fact that the SOL had not expired, as you believed. If the reply was too parsimonious to understand, you might have asked for clarification. You were not “reasonably able to be located” or “reasonably susceptible to service of process”. Maybe both but certainly the latter.

Under those circumstances, the SOL is suspended. The clock stops. The debt isn’t out of statute.

You could be directed to resources to help file a response to the Summons, but that costs money that could go to paying down the debt. Added to that, while there may be jurisdiction and venue questions (MA vs. GA), we don’t have enough information to know, you’ll have to pay to find out and, at most, it a stumbling block at the threshold. If there’s a problem, the creditor will cure it.

It appears you’re being given a chance at a payment arrangement and a chance to avoid a judgment. If that’s true, and if you have no other defense to liability but the SOL, I’d suggest that you jump on it, just as DC did. A payment plan leading to a dismissal of the case without judgment is infinitely preferable and less costly than a judgment.