I'm being sued-need advice

[Funbug]

I live in San Mateo County in California. I was served with a summons yesterday (nice Mothers day gift huh?!). It's a long story that I don't want to go into but basically I ran up about $5000.00 in credit card debts on 2 different credit cards in 1993 due to being conned by my ex-husband (I'll pay the bills when they come etc.) Anyway, I have been unable to pay these and they were bought and sold by different collection agencies and then Bank of America bought the debt for both credit cards making it appear as if this is new debt incurred within the past 2 years. I cannot pay this debt and may very well end up filing for bankruptcy but what do I do in the meantime? Is there any staute of limitations on this kind of debt? I haven't made any payments on either card since 1994, with the additional interest charges they have tacked on they are asking for over $7000.00 in their summons. Any advice would be greatly appreciated.


Thanks.

 

[I AM ALWAYS LIABLE]

My response:

Reading the entire complaint very carefully, what is the date they are alleging you LAST used the credit card, or the last date of payment.

IAAL

 

[Funbug]

Date last used credit card

I cannot see anywhere in the complaint where it says the last time I used the cards. This is actually for 2 different credit cards I think but the original bank names are not listed in the complaint. There is a section of the complaint that says “Plaintiff became indebted to plaintiff within the last 4 years. on an open book account for money due and because an account was stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff.” There was a box to check for "other" rather than "plaintiff" but they checked the box for plaintiff. I don’t know if that’s important or not or whether it’s important or not that I never made any written agreements with Bank of America. Any futher advice would be very much appreciated. Thanks.

 

[I AM ALWAYS LIABLE]

My response:

Well, since they didn't place a date of your last usage or payment of the card(s), then all you can do at this point is Answer the Complaint with a General Denial, and also add as one of your Affirmative Defenses the 4 year Statute of Limitations has expired.

Go to the courthouse and ask the Clerk for the Form Answer to a Complaint, and a Proof of Service form. Check the box for General Denial, and add your Affirmative Defense as stated above, and then fill out the Proof of Service, and have someone else sign that form. Attach it to your Answer, and file the original Answer and Proof of Service with the court. Keep one of the copies for yourself.

Serve Form Interrogatories (Get those from the Clerk, also).

Good luck to you.

IAAL

 

[Funbug]

Thank you so much.