Collection agency served me w/Summons & Complaint but SOL has expired -what can I do?
What is the name of your state?What is the name of your state? California
Help! I was served with a summons and complaint by a collection agency who bought an old debt last year from a creditor I had defaulted on a loan with. They also lied in the Complaint, stating that the breach of contract date was July 2004, which is completely false. I obtained a copy of my credit report which appears to show the first 30-days late was in February 2001 (and no payment since then), therefore, the SOL has expired. How should I proceed on this? Should I contact the original creditor to verify the date of last payment? Is there a special letter I can write to the collection agency's attorney to provide verification that the SOL has expired and demand a dismissal be entered? I am really hoping to resolve this outside of court without having to retain legal representation. Your advice is greatly appreciated!
What is the name of your state?What is the name of your state? California
Help! I was served with a summons and complaint by a collection agency who bought an old debt last year from a creditor I had defaulted on a loan with. They also lied in the Complaint, stating that the breach of contract date was July 2004, which is completely false. I obtained a copy of my credit report which appears to show the first 30-days late was in February 2001 (and no payment since then), therefore, the SOL has expired. How should I proceed on this? Should I contact the original creditor to verify the date of last payment? Is there a special letter I can write to the collection agency's attorney to provide verification that the SOL has expired and demand a dismissal be entered? I am really hoping to resolve this outside of court without having to retain legal representation. Your advice is greatly appreciated!