Wife getting sued by First Resolution Investment Corporation. How to proceed?
Asked Nov 10, 2008, 10:16 AM
My wife was served yesterday with a Summons to appear in court next year because of a debt. We are in California, and the statute of limitations is 4 years here. The plaintiff is First Resolution Investment Corporation, whom I've heard has no qualms filing frivolous law suits. They are being represented by Gordon and Wong Law group. The amount is only about $3000 after attorney's fees are factored in. It doesn't seem worth it to hire a lawyer if we're just going to end up having to pay anyway.
1) I need to file a response to the court within 30 days and serve the plaintiff with the response within 60 days. The court has a website with help for the proper documents, but what should I be considering when writing my response?
2) I think we MAY be past the statute of limitations, but I'm not certain. How do I request that they show me the evidence for their suit? As far as I know, the original creditor still owned the debt the last time we had any contact with a creditor. It's been a while, but I'm not sure how long.
3) The irony is that we've been attempting to repair our credit and would have been contacting them with an offer to settle. Now that we've been served, I'm feeling more inclined to let this one drop off if we've no obligation to pay it. If it turns out there's no obligation to pay for it, I think we should counter-sue. Are there any good lawyers who take on these cases or do you know of any class action suits against FRIC?
4) Is there anything else I should be considering?