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Served a Disclosure Subpoena , BUT ? URGENT DEADLINE APPROACHING

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melissap77

Junior Member
Maine- I was served a disclosure summons , but have a few questions. The date on the summons says May 2011. However when I called, he said it was from an old credit card in 2007. Initially I called the creditor's lawyer/debt collection office and spoke with them. The result was having a financial questionnaire sent to me. He stated he would "do something about the hearing" **************.... Not sure how I feel about that, I should assume the hearing is on unless I receive paperwork stating otherwise, correct?
1. They have not provided me any paperwork, copies, documents, nothing. I have basically no idea what this is.
2. How does something like this go from nothing for 5 plus years to a disclosure with no notice of a suit filed in between? Is the disclosure subpoena the notice?
3. There is a chance this is for an old credit card that I paid a payment arrangement with back in 2011 , paid a few payments then ceased. In regards to statute of limitations on debt- in Maine it is 6 years from last regular payments. In this case, that would be 2011 if I had agreed to a payment arrangement then , correct?

I just simply remember nothing of this account, the bill or creditor and I feel like this debt collection lawyer has to provide me with the information I am lacking. Otherwise this all makes no sense.

Any advice, info is appreciated. Thank you.
 


FlyingRon

Senior Member
Your entering into the payment plan started things over. It's six years from the time you stopped paying on that plan. However, it's also possible that this is a contract rather than just a collection of debts on account. The SOL is a very long 20 years in Maine.

They're not obliged to provide you with anything when the file the suit. You can file for discovery now to find out what you're up against. It's not unreasonable for them to giveup trying to collect in the interim. It's also possible they lost track of where you were.
 

adjusterjack

Senior Member
I was served a disclosure summons
That you were served with a disclosure "summons" implies that you might have already been sued at some point and that there is a judgment on file.

If the summons has a court name and case file number, you'll need to contact the court and arrange to get a complete copy of the case file so you can figure out what happened.

Do that ASAP and report back to this thread with details.
 

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