Submitted by thanksforthehelp on Wed, 11/18/2009 - 14:28
Posted in
Hello,
I just received a summons for a complaint for judgment on some CC debt that I believe to be at least 6 years old.
1. does the statute of limitations protect me from judgment assuming the debt is 6 years + old?
2. what is the easiest way for me to find out when said time period started? (I want to be sure i'm in the clear before filing an answer and wasting the courts time, is there a way for me to get the proof i need?)
3. If said statute hasn't run out, will filing an answer be of any help? Is it worth it to try and negotiate directly with the collection agency before the judgment is issued hoping they'll dismiss?
Thanks!
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10/2/2011 18:37 by Anonymous |
My 2 cents...
I would think it would be subject to the statute of limitations, after all it is the contract they are suing you on.... The statute of limitations for contracts is 6 years.... It would be 6 years from when they knew or should have known you were in breach of the contract. Even if you don't have a stat of limits defense, i'd still go to court and make them PROVE their case... Make them come up with a signed cc contract, ask for the original contract - if not a original, mention the best evidence rule under mass law, and try to get it dismissed that way... You can try to negotiate with the agency to keep it off your credit report...it likely can't hurt...