How do I answer a summons for an old credit card debt?

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How do I answer a summons for an old credit card debt?

I am being sued by a junk debt company. The summons says it was filed with the court last month. My credit history only goes back so far but it states that I was 120 days late on this credit card 4 years ago and have been 120 days late ever since. The SOL in my state is 4 years. Does this argument appear to be valid? How do I argue this in my answer? Do I use the “standard” state summons answer form or is there another form I need to utilize in this case? Will the debtor likely drop the case?

Asked on April 28, 2012 under Bankruptcy Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The best way to deal with the summons and complaint filed against you by a third party debt collection company would be to file a pleading called a "demurrer" within 30 days of you being served with the complaint.

The "demurrer" would have a notice of motion and a memorandum of points and authorities referencing that the complaint against you would be time barred under your state's 4 year statute of limitations. You might wish to consider consulting with an attorney that practices in the area of consumer law to assist you in the matter you are writing about to draft the pleadings.

Or, if your county has a legal aid department, consult with it or your local county law library for the way to draft the demurrer (notice of motion and points and authorities in support of the motion).


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