Court papers received for cc debt

[TEC_07]

What is the name of your state?
New Jersey

I received court papers from a debt that I forgot I had. I have 30 days to respond. I'm really worried and I want to know what are my options? The credit card debt is from 1999, the unpaid balance was about $1,800. The court papers show an amount of $3,500.00. Please help me.What is the name of your state?

[boswd]

I would first look up your states Statute of Limitations. If your last activity on the bill, not when you opened the account , but they last date you have paid them if past your's state's SOL then you should be ok. but I would check that out ASAP and then go to your credit report and confirm your last date of activity and then dispute it with ALL THREE CB and then contact your CA and inform them of this.

[TEC_07]

What is a CB and a CA??

[moburkes]

What date did you make the last payment? The statute of limitations for this is 6 years. If they are suing you after the SOL has run, that is your defense.

[shannon-cl]

CB- is Credit Bureau. If there was prior payment activity the CB should show the dates.
Yes! The SOL in NJ for debt collection is 6 years. I am assuming the 'court papers' referred to is a summons/complaint? I would answer it asap if I were you. Some courts look at failure to respond to a lawsuit as an 'admission' of guilt or that you are admitting that you owe the money and clearly delioquent.

[boswd]

Originally Posted by TEC_07

What is a CB and a CA??

CB is Credit Bureau's Dispute with all three, Experian, TransUnion and Equifax.
CA is your Collections Agency.

Once you have confirmed this you must contact your CA ASAP. Odds are if this is past the Statute of Limations, the CA is hoping that you aren't aware of such of thing as SOL on old debts and hoping you will start paying. Most likely once you have proved to them that it is past the SOL they will stop, Taking you to court cost them time, money and energy spent and if you can prove that is has since been past they will probably stop sincing know they wont win a judgement. But they can try that is for sure, you technically still owe the debt but if it has passed the SOL they don't have any legal recourse and it should fall off your credit report and you don't legal have to pay. But if they do press forward, which they still can, hoping you ignore the court order and don't show up, have all your info ready and make sure you show up to court, if you don't you will be automatically ruled against and then you have to go through a longer process of getting this reversed. Have your papers and prove this is too old and you'll be ok.

Again remember it's the date of your last activity and not when you opened your account.
Now if your deft does not meet the SOL number of years call the CA ASAP and try to arrange something. Overall they don't want to do this and feel it's their last resort. If they get a judgement on you, your originally debt now becomes a three headed monster, not only will your orignal creditor have you reported on your Credit Reports, you will have the collection agency and then a judgement on there as well. Not good at all.

[debtcollector`]

Now you can have some accurate advice:

1. ANSWER THE COMPLAINT. You only have 30 to file your answer with the court. If you don't know how and don't have the time to research it, talk to a lawyer.
2. DISCOVERY. Demand copies of everything back to charge slips with your autograph on them.
3. APPEAR IN COURT.

If you don't know how to do any of this, you will have to do some research or hire an attorney.

DC

[boswd]

There was nothing inaccurate about my advice at all.

[TEC_07]

Thank you all for your help. I have a problem now, I'm checking my credit report right now and I don't see that charge anywhere and nothing is even close to that amount.

[boswd]

Originally Posted by TEC_07

Thank you all for your help. I have a problem now, I'm checking my credit report right now and I don't see that charge anywhere and nothing is even close to that amount.

If you don't see it on your credit report than it was probably dropped off. Collections and such drop off after 7 years. There should be be a contact number for the CB's and you call them for assitance on that. So if this holds true, your defense of SOL is looking good.
As Debt collector advised call your CA and have them send you all the records on this case and defintly tell them your statute of limitations is up on this but demand the records.

[debtcollector`]

Originally Posted by boswd

If you don't see it on your credit report than it was probably dropped off. Collections and such drop off after 7 years. There should be be a contact number for the CB's and you call them for assitance on that. So if this holds true, your defense of SOL is looking good.
As Debt collector advised call your CA and have them send you all the records on this case and defintly tell them your statute of limitations is up on this but demand the records.

NO NUMBNUTS! That's exactly why you don't know what the hell you are talking about. I never said contact the CA. THIS IS A LAWSUIT NOW!!!!!

THE COLLECTION AGENCY WILL NOT RESPOND TO YOU.

You need to file your answer with the court. Anything less and you have a default judgment.

[boswd]

so your telling me that if you know the Statute of limitations of this debt is up, which you do know, and now the debtor know's it as well, as a debt collector you would still go ahead with the court proceedings wasting everyone's time and money and energy and paying your attorney for something you know you are not going to get a judgement for? Your telling me that you wouldn't go ahead and cancel the proceedings even though you know you are going to lose this case/
And you call me nummnuts.

[Betty]

Once you get a "complaint"/court papers - you have to file an answer with the court within the time limit alloted. The SOL expired is the defense you would use when sued in court/when you go to court.

[debtcollector`]

Originally Posted by boswd

so your telling me that if you know the Statute of limitations of this debt is up, which you do know, and now the debtor know's it as well, as a debt collector you would still go ahead with the court proceedings wasting everyone's time and money and energy and paying your attorney for something you know you are not going to get a judgement for? Your telling me that you wouldn't go ahead and cancel the proceedings even though you know you are going to lose this case/
And you call me nummnuts.

No I wouldn't cancel the proceedings. Because while you are playing games I will get a default judgment.

DC