Legal Question in Credit and Debt Law in California

Summon

I was summoned last week for an old credit card debt. I need to answer the summon, but I am not sure of which form to use? On my answer to the court, I want to state that S.O.L has run out. The debt was charge off on Sept 30, 2002 based on my credit report and the SOL for CA is 4 years from the charge off date. What are my chances that a judge will dismiss this charge? What are other avenues do I need to consider to make sure this doesn't happen again. The amount that I am being sued for is $2,731.81 by a Law firm in Torrance, CA. I know for a fact that the account was charged off several times. I called the law firm to inquire of the details of the debt. The collector at the Law firm said for me to contact the plaintiff instead for more info. The collector at the Law Firm was trying to trick me to pay the debt on the spot & to agree to a payment plan. He also mentioned that since I have been summoned that the charges has doubled. He put me on hold & later told me that the lawyers has agreed to a $3,000 payment to be paid in 2 installments. How can I get rid of this scumbag? I'm 7 months pregnant & this is causing me so much stress. What do I do.


Asked on 9/24/07, 5:20 pm

2 Answers from Attorneys
Joel Selik www.SelikLaw.com

Re: Summon

Use the judical council form for the answer and add affirmative defenses including the sol.

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Answered on 9/24/07, 6:02 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Summon

I disagree with attorney Selik. First, you must put down the correct section and subsection of the statute of limitations on the answer. There are other requirements. I just beat back one of these, and I would very much like to hear from you.

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Answered on 9/24/07, 6:56 pm


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