I received a civil summons today that I'm being sued by this company for an old credit card debt. This has me so confused and heres why Part 4 of the complaint says : "The defendants owes Plaintiff $1179.13, with interest thereon at a rate of 8% per annum from May 30, 1999 until date of judgment with 12% per annum thereafter until paid. They aparently bought this from an old Cross Country bank account. The Kentucky SOL is 5 years. Can they do this? Neither this old Cross Country account nor the MRC stuff appears on my credit report anywhere. So if it was bad, it's already passed the time to be removed from it also. Any suggestions what I should do? The summons says I have 20 day. And also the form letter attached looks like so many other's posted on this site, and it was dated August of this year, and I just got the summons today.
There is a good chance that Kentucky rules of civil procedure won't let you just file any motions until you have responded to the complaint. Many states are that way. So before you do anything you need to study your state and local rules of civil procedure. For clarity purposes let us assume (right or wrong) that you have to respond before you can file motions, use your discovery tools or anything else. If that is so you might want to think about filing a denial as your response. That's what I would do if I were in your situation. Then I would start the discovery process at the same time. i'd try to force them to give you the date of last activity among other things. I'd use a set of about 40 or so demands for admissions but I would try not to make any demands for admissions that would be likely to tip them off about what the actual defense might be. I'd be sure I had substantial proof of when I made the last payment to the creditor. When I got the answers back to my demands for admissions I'd send them demand for production of documents and depending on how they answered the questions I might want to file motion to deem admitted on at least some of the questions. Once I saw what the demand for production of documents brought back I'd probably want to file my motion to dismiss. Once the trial or hearing is over I'd want to file a federal case against both the attorney and the plaintiff for illegally misrepresenting the legal status of the debt and most likely a few other things as well. Now then, I can't give you any legal advice because I'm not an attorney but I can tell you what I would do. So now you have to figure out for yourself how you want to go about resolving your problem.
