Legal Question in Credit and Debt Law in California

Yesterday, my sister called me stating a police officer served a summons/complaint contract for a past credit card debt I had. I just recently paid off 4 other credit cards and was not aware of this one. I don't have any collection letters and don't recall receiving any phone calls, because if I had, I would have paid it also. However, I moved out of my parents house about 1 year ago, and no one has mentioned any letters for this agency/lawyer until yesterday. How do I find out if the SOL will play in my favor? What steps do I need to take after receiving the summons/complaint? Do I call the Plaintiff's lawyer to discuss matters? This is my first time being involved in any legal matter. Can someone please shed some light on my situation? I'm really scared, anxious, and embarrassed.

Asked on 11/10/10, 12:53 am

2 Answers from Attorneys

Joe Marman Law Office of Joseph Marman

the debt must be no older than 4 years. You can call the plaintiff's lawyer and diswcuss pyament options.

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Answered on 11/15/10, 11:14 am

If you disagree that you owe what they say you owe and you want to litigate it because you can't work it out with the plaintiff's attorneys, you need to answer the complaint within 40 days of sub-service. Otherwise, the plaintiff may obtain a default judgment against you, which you will eventually need to overturn.

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Answered on 11/19/10, 4:20 pm

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