Legal Question in Credit and Debt Law in Kentucky
Credit Card Debt
I just received a summons, no court date included. Just that I had 20 days to dispute the bill etc and judgment by default may be taken.
It says owed since June 2002, but I'm thinking that it's been past due even longer than that. It's changed through several collections agencies over the years.
I tried to work something out with the original creditor when I was only behind one payment and they wouldn't help. So no payments have been made in 6 or maybe 7 years.
Has the sol ran out on this bill? What steps can I take to keep them from pursuing the matter?
I had several credit cards at that time, all of which are in collection agencies. Loss of job, eviction etc was going on at the time and I couldn't pay even the low monthly payments on all of the cards.
In some places I've read the sol in ky is 15 years, some 5 and a few have said 3. So, naturally I'm confused on whether or not they can still collect on this.
I have moved twice since then and probably won't be able to find any original records.
Does getting a summons, which by the way was hand delivered by a local policeman, mean that they will take me to court and sue?
It's only for $780, but that's a small fortune to me.
1 Answer from Attorneys
Re: Credit Card Debt
The summonses is the way the law suit is started. You (apparently) have already been sued and you have 20 days from the date you were served to answer the complaint.
The question of which statute of limitations governs depends on the kind of debt -- if it was a debt on a written contract then 15 years is likely the correct statute.
Given that you apparently have other debts which are also problems, you may need to consider bankruptcy to give yourself a fresh start. It would take a more detailed analysis of you situation to determine whether you are eligible for bankruptcy and whether it is appropriate for your individual situation, however.
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