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Recieved Summons and Complaint

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queenki

Junior Member
What is the name of your state? Indiana

I recieved a summons and complaint in the mail yesterday 9/14/2005, it was dated 8/30/2005. It said I had 20 days to file a written response with the county clerk, does that mean I need to go to their offices or just send them a letter. This is for a credit card that I had in college in 1997 to 1999. I knew I had this out there but hadnt recieved anything from them until last month. I then sent the law office a letter by mail asking if I could begin payments, but no response to that until this came to me. I dont know what to do or what all this means. Can you give me some information, advise, something. Thanks :confused:
 


Debt Guy

Senior Member
It would appear that this debt is out of statute. The statute of limitations in Indiana is 6 years.

The SOL begins to run from the Date of First Default. DOFD is almost always 30 days after the last payment you made (after which the account was never current).

You need to figure out when the DOFD was.

If the debt is out of statute, it is essential that you file a response to the lawsuit. You need to say that the debt is time-barred. Go down to the courthouse and talk to the court clerk. They might give you a form or can show you samples of what that response looks like.

Don't know anything until you know the answer to this question.
 

queenki

Junior Member
Last payment was 10-30-99

also recieved a pre trial conference of some sorts, what is this, what should I expect. Is it too late to call credit card company and try to work out a payment. They are suing me for 5000.00 but only owe 1800.00 per the last collection notice recieved.
 

queenki

Junior Member
yes I filed the response and worded it as you said to. After which I received the pre trial conference date.
 

Debt Guy

Senior Member
Then you need to attend the conference. You will need to be ready to show as best you can that the debt is out of statute. The SOL in Indiana is 6 years.

Don't let the attorney for the plaintiff bulldoze you. Insist that the debt is time-barred and that it is their burden to prove otherwise.

It is helpful if you can have some of your own proof. The best you can probably do is to obtain a copy of your credit report. It the debt is not listed on your credit report by the original creditor, then the debt is at least 7 years past chargeoff date -- federal law says that negative items cannot remain on your credit report longer than 7 years.

The attorney for the plaintiff may try to argue that his client has listed the debt on the credit report with a last activity date of less than 7 years ago. If so, you just need to take the position that the debt has been illegally reaged and that only the records of the original creditor are reliable.

Just dig your feet in and insist that they must produce records from the original creditor that show the charge-off date. Any internal record from the plaintiff is subject to manipulation and is not reliable.

Dig your feet in and don't be bulldozed.

Their best weapon is your fear. Your best weapon is to dig in your feet and drive up their cost in a losing battle.
 

queenki

Junior Member
after that, will I have the option to make a payment plan or what happens if they can not show proof? I know it wont go away completely, right?
 

Debt Guy

Senior Member
You need to decide what your strategy is. What do you want?

You have filed a response that the debt is time-barred. If you dig your feet in --and they can't prove the debt is not time-barred, their lawsuit will be dismissed.

After that you can either pay nothing or pay whatever you want. They cannot sue you again.
 

queenki

Junior Member
Completely understood. :) By chance, if they are able to prove that it is not time barred then will I have to pay the entire amount they are asking for? I just want to know everything that can come up, you understand.
 

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