Summons "Served" on old CC debt

[spinandjun]

What is the name of your state? CA

Hello,

I would appreciate any advice you could give me on the recent summons I recieved.

First off, I was not directly served a summons- somebody left a copy hanging on my parents gate yesterday. It was a copy of the summoms they filed in court. It did not have a notice for me to appear, but did request I respond within 30 days using a proper legal form.

Wolpoff & Abramson seems to be represnting their client (Discover Card) on this old, time barred debt. The debt is nearly 5 years old and beyond the SOL. However, on the complaint they checked the 4 year box- I guess this means they are trying to pull a fast one in order to execute this summons. The fact is I stopped paying on this CC at the end of 2001- which clearly makes it beyond the SOL. It's also curious that this complaint was filed in May, but they are just now trying to serve me.

At any rate, they have no way to prove that I ever recieved this copy. What would you suggest I do at this stage? It seems very fishy to me that it would come out of the blue like this. Should I send the attorney a CD letter stating the debt is time barred or is it too late for that?

I am also considering having this summons sent back to the attorney, stating that the named person does not live here. What do you think?

Thank You.

 

[JETX]

It did not have a notice for me to appear, but did request I respond within 30 days using a proper legal form.

Normal procedure.

Wolpoff & Abramson seems to be represnting their client (Discover Card) on this old, time barred debt. The debt is nearly 5 years old and beyond the SOL. However, on the complaint they checked the 4 year box- I guess this means they are trying to pull a fast one in order to execute this summons. The fact is I stopped paying on this CC at the end of 2001- which clearly makes it beyond the SOL. It's also curious that this complaint was filed in May, but they are just now trying to serve me.

Then your defense to present in court is the expiration of the SOL.

At any rate, they have no way to prove that I ever recieved this copy. What would you suggest I do at this stage?

Do NOT rely on the "I didn't know" defense. That will simply force you to be in the harder and more expensive position of trying to challenge their judgment against you when they win in court. You MUST defend yourself, especially if you intend to argue SOL expiration. That is an affirmative defense and must be raised BEFORE a judgment is rendered against you. The only correct answer is to file your response before the 20 days and then show up in court when the hearing is set.

 

[Ladynred]

As an FYI.. Discover is VERY aggressive so the so-called 'out of the blue' summons is no surpirse. Surely you've received collection letters from W&A and Discover long before now. Discover would sue your dog for the price of his bone, so you do NOT want to ignore this or play games. W&A is equally nasty so you must defend yourself as JETX advised, or you WILL be S.O.L.