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Defective Furnature Bought on Wards Credit Card...thought this was way behind me.

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tommygill

Junior Member
What is the name of your state? Michigan

The furnature was bought with a Montgomery Wards charge and was defective, the contract stated that Montgomery Wards had thirty days to either replace the products or make the repairs. I did consult a lawyer back then whom contacted them to express the situation still to no avail. Now its 20 yrs later and they are sueing me. At this time I dont know if the Lawyer at the time is even still alive? This has been 20 yrs or so ago...how can they sue me after all of this time without ever even making attemots at the time to repair of fix the situation. anybody know what I can do?
 


Ladynred

Senior Member
20 YEARS ?? That's insane, this debt is so old its mouldering !!!

First, Montgomery Wards is defunct, they went bankrupt, they no longer exist. Their accounts were sold off to various companies - mine went to Wal-Mart.

The statute of limitations on this dinosaur debt expired long ago. SOL in MI on credit cards is 6 years, 6 for 'written contracts'. You're WAY, WAY, WAY past that. The debt is time-barred.

If you've been served with a summons and complaint, you need to answer it and your first defense is that the debt is time-barred. Here's how you Answer this ridiculous lawsuit:

http://whychat.5u.com/answer.html

EXACTLY who is suing you ? Could it be ASSet Acceptance by any chance ?? They just LOVE to sue on ancient out-of-statute debts. If you fight them, they'll go away, they want the easy kills.
 

tommygill

Junior Member
Thanks It is insane

The party sueing is Erin Capital Management assignee of Montgomery Ward, and the Attorney is Michael Stillman

Im kinda worried about this
 

Ladynred

Senior Member
"assignee" my eye..

You have NOTHING to worry about. The debt is past the statute of limitations, time-barred --- its TOAST !

Your first and best defense against this bogus lawsuit IS the expired statute of limitations. You can have this thrown out of court fairly easily. The SOL expired 14 years ago ! If that IS when you quit paying on this account, its looooonnnnngggggg dead.
 

tommygill

Junior Member
Seems like it

Thanks...made me feel a little better, it has been so long ago I dont have any documentation to prove anything,,,,Im only hoping that the lawyer I went to see is still living....what do you suggest I do in response to this Summons? I looked at the link you sent, and thatnks , but I'm a little confused. Thanks so much
 

Ladynred

Senior Member
You need to file your Answer to that lawsuit. There should be instructions in the Summons telling you how long you have to get your Answer filed with the court.

The link I sent you gives pretty detailed instructions.

Once you claim the expired SOL as your defense, then its up to the OTHER side to prove that its NOT expired.. which they cannot possibly do.

Your answer to all of the allegations in the lawsuit should be 'deny' or 'lack sufficient knowledge' .. except for your name and address. You want a court date, you want to get in front of a judge and make them produce one shred of proof that the debt is NOT time-barred.

I know a few folks in MI that might help you out with this if you can't contact the lawyer. Quite frankly I don't think you need one, but by all means get one if you can afford it and it will help you.
 

tommygill

Junior Member
Please give me contacts here

Thanks again,,,,I wold love to have some contact here to help me with this...It would be a great favor...Im in Farmington Hills Mich
 

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