My Husband received a summons on a Charge account at a lumber store in Kansas where we used to live. It was not a credit card but where he went into the store and let him charge the stuff. It was acquired in November 1999 and never had a payment made on it. My question is: Is this considered an open account, he is not sure but he doesn't beleive he signed anything. Is it the SOL in Kansas if it is and it is an open then Nov. 2002 would have been three years. Any advice on this would be appreciated. We live in Texas now but correct me if I am wrong since the company and the debt was acquired in Kansas the SOL of Kansas will be used. Thanks Andra
Sibce you are now Texas residents, the SOL of Texas will be used. SOL in Texas is 4 years. That's the bad news. The good news is... Texas has no garnishment law - so I wonder how they think they will collect. The lumber yard would have been smarter slapping a materialsman's lien on the property that their products were used on. They have a MUCH better chance of collecting on taht.
Re: Re: Help Received Summons! They can file liens in any and all counties in TX in which you might acquire property. Good for 10 years, renewable, and appx. 10% interest.
Re: Re: Help Received Summons! The SOL is in the state the contract originated in, Kansas SOL would apply. Who filed against you the original creditor or a collection agency? Is this in small claims or another court?
Re: Re: Help Received Summons! The summons was filed in Kansas in the District Court Limited Claims Division. The original creditor is the one that is suing me but I am not sure if it is an open account or not. If so the SOL in Kansas is 3 years but I have been told it may fall under the UCC since it was a locally owned store and I am not sure if he signed anything. I am not sure what to do at this point. Thanks, Andra
Re: Re: Help Received Summons! I would recommend you file an answer with defenses and, if there are any, counter claims. You have to be careful to get this filed in time to meet the courts deadline. I would serve discovery upon the plaintiff. IF they can come up with at least good partial validation, I would see if you could settle for 30-50% of the original debt.
Re: Re: Re: Help Received Summons! I thought they had to file in the state you live in. How much is the claim for?
Re: Re: Re: Help Received Summons! The amount is 867.00 and 51.00 court costs so 918.00. I don't know the summons is filed in Kansas and says to show up in Kansas. thanks, andra
