I have had it.I was served a summons for a debt in 2/02.I followed the rules and told them to validate it.I heard no response until a few days ago when I was served again by a different company for the same account by the same lawyer.The summons had the amount I owed and the name of the credit company.I sent a response to them(today) explaining the SOL expired and denied the amount.I also went to my court house where there was nothing in my file but the summons.What happens now?Do I get a court date?When do I get to see their documentation?If they disappear for another 6 months can they keep coming after me as the accounts change hands?Should I sue them and cut them off at the knees and get on with my life?The debt was first late in 94, I may have made a payment or two after, but I think I'm covered by that change in the law in 96(regarding sol).Let me know what you all think.Thanks!
The law change in 96 has nothing to do with the sol. It has to do with time it can be reported. You need to find out what the statute of limitations on debt is in your state. These are 2 different things.
You need to get your records in order. When were those last payments made? If the SOL for them to sue is over, then you're fine and you should countersue. If they have not validated, they are going to have to answer the judge's question as to why. They can't just sue as the first coursse of action. Take ALL of the evidence with you of the one lawyer, but 2 CAs. I'd drag 'em all in.
Thanks for such quick replies.The last activity on the account was 2/95 and there is a 6yr SOL in NY but we did send them 50 3tx's in 97.I did ask them to validate it the first time, but received nothing.I even checked the summons at the county clerk's office and it was just the summons.Now I received another summons and again sent another letter to validate and told them the SOL had run but this time it is a different company that has the same account but the same law office.I went to the county clerk's office and nothing is in my file except for the summons again.This time I had them put my response in the file with their summons.Do you know when I'd be told to go to court on something like this?Would I get notice or just a judgement?Maybe I should countersue and end this misery.Thanks for any feedback.
