Can I be sued on past credit card debts if they can't find me? I've moved to another state and I keep on the low. I have many CC debts from 5 years ago. I've heard that all they have to do is mail a summons to the last known address I lived at in order to sue me. How can that be? I thought you had to be given notice that you are being sued? If i NEVER get that summons and complaint how can that be considered served upon me? I dont want to open my TRW one day to see that I have several default judgements against me back in Michigan and I never had a chance to defend myself. I now live in DC.
If you have several cc debts from 5 years ago or more, there's a strong probability that many of your debts are SOL - that they are beyond the statute of limitations. If a CA attempted to sue you, when your cc debt is SOL, you should answer any summons, go to court because you have an affirmative defense - the debt is SOL. BUT *you* would have to raise the SOL in court. You have to be properly served a summons and if you're not served, you can petition to have a judgment vacated due to improper service. Know the rules, know the law in your state.
I was under the impression that a CA can go after a credit card debt from SEVEN years after the last payment you made on the account? Am I wrong? Hope so.
You may be misunderstanding the DOLA [date of last activity] and SOL. If you have "bad" debt, such as a charge-off on your credit reports, that will [or should] automatically fall-off after seven years. For example, if the SOL is five years on cc debt in your state, a CA can attempt to collect the same debt 15 years later **but** the debt is SOL. If a consumer receives a dunning letter, 15 years later, you keep the letter, the envelope, and you send a CMRR letter to tell the CA to cease & desist any attempt at collection because the debt is out of the SOL. Can a debt be resurrected? Yes. It's called "zombie" debt and it is not unknown for old, old debts to come back to haunt you. Or for a CA to attempt to collect an old, old debt that may not even be yours but you may have a similar name to the original debtor. That's why it's important to know the SOL on specific types of debt in your state. Good records are indeed our friends; it's important that you keep copies of letters sent out, any postal receipts, green cards and envelopes.
Other then contacting an attorney-which I can't afford-how can I find out about the SOL laws in my state (California)?
You can telephone the local or state library branch in your area and ask the Reference Desk to look up *anything*. They can tell you the SOL for written contracts or cc debt or anything in between. If you have a local law library, you can walk in and get assistance on specific questions. Reference librarians can be an invaluable resource. OTH, lawyers love to gab to potential clients, and they'll often talk to people for free if you've got a very specific question regarding a potential case. http://fair-debt-collection.com/SOL-by-State.html (Online sources can be outdated, it's wise to always get a second source to confirm information.) It's important to note that the statute of limitations varies by type of debt. How a state defines a certain type of debt varies from state to state. The statute of limitations is unique to each state. The statute of repose is unique to each state, and not all states have a statute of repose or a statute of repose that would be of value to the consumer. Tolling is also unique to each state and not all states toll debts if the consumer leaves the state. Borrowing statutes are unique to each state and not all states have them and those that do sometimes make exemptions if the statute of limitations is tolled in the state where the debt occurred. The seven year reporting period is not a statute of limitations. It only applies to the length of a time non-public derogatory information can appear on your credit report. All bankruptcies report 10 years. Judgments report seven years or the statute of limitations for the judgment, whichever is longer.
I don't know about DC but the SOL in Michigan is six years. Michigan is also a state of repose, which means that once the six years is up, they can't try to collect. They may still try to sue, but the case can be dismissed with prejudice with the SOL as an affirmative defense.
