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needhelp57 · Jul 8, 2008, 02:58 PM

I am currently being sued by capitol one credit card in Kansas. I received the summons and appeared on the date requested. I denied the suit because I think the statue of limitations has expired (the last payment on this account was in 2005) and also I deny the amount of the suit as excessive. In my answer to the court I told them of my financial problems the last 3 years and that I had tried to get a settlement of this debt which the credit card company refused to do. I also sent them the debt collectors disclosure statement and ask that they complete that so I could determine if I have any counter claim to off-set the balance. I just received in the mail yesterday an order from the attorney's office for a plaintiff motion for protective order. Basically they are saying that the limitation time as not expired and that the disclosure statement I sent them is in excess. They ask that the judge sustain the motion for protective order and quash the debt collector statement. Should I answer this motion? I think they don't want to answer cause they can't and I can not afford an attorney to help me with this situation. I am hoping that someone out there can help me. Do I need to see the judge and personally appeal for my consumer rights.

N0help4u · Jul 8, 2008, 03:00 PM

Statutes of limitations usually go about 7 yrs from your last payment.
You need to go to the court date because otherwise they will rule against you and usually for a higher amount than if you went.

Fr_Chuck · Jul 8, 2008, 03:04 PM

First no you don't just go see the judge, and the judge really don't care what you tried to do, what you tried to work out, he wants to know, do you owe it, is there any legal reason ( like SOL, or debt already paid or something) that means you don't have to pay.

What you need to do is appear at the hearing, and give you case. Now on the amount, expect, the amount you owed, a lot of late pay fees and over account fees, then they will add legal fees and so on, it is not uncommom for a 2000 dollar debt to be 4000 by the time legal fees and court costs are added in.