[stewy11]

I got a summons today about an old credit card debt. They sent it to me before at an address I never lived at twice and both times the company suing me filed for a continuance or I would have lost because I never knew there was a hearing. I have a couple of questions about this. First the statute of limitations in PA where I live is 4 years. According to my credit report my last payment was in July 2004. The first time they tried to sue me was Oct 2008 so I think I'm in the clear for the statute of limitations. I've read before that it starts 6 months after your first missed payment when the credit card company writes off the debt. Does anyone know for sure which it is? Another thing they are suing me in an area that I never lived. When I got the credit card I lived at the same address as I do now and there is a local magistrate but they're suing me at a magistrate that is about 10 miles away and in a place I never lived. Can they do this? I assume they're never going to show up anyway because the company suing me is about 6 hours away and it's for less than $2,000. They keep calling me and leaving messages. I'm assuming they want a settlement which I won't do because I'm pretty confident they can't validate the debt even though I've never had a chance to ask for validation since apparently they've been sending me mail at a place I've never lived. Any thoughts on my best course of action? I can't afford a lawyer.

[ScottGem]

Respond to the summons with your Intent to Defend, Then send a copy to the plaintiff with a request for verification.

[DrJ]

The SOL starts at the Date of Last Activity (which is usually either the last payment or the last charge to the account) so you should be in the clear as far as that goes.

As for the location, I am not sure about PA law... they either just have to bring it to a court in your state... or, if its like CA, they have to go to your county.

Regardless of the SOL, you still have to respond to the summons and show up to court. If not (SOL or not), they can still be granted a default judgment.

The best place I have found to get a proper response written is Legal Advice Line. Look them up on the web. Its like $60 for this letter to be written.

They have REALLY cheap legal advice, too

(no, not spam... just a good resource lol)

[mlr08]

You can get an Answer, Intent to Defend, Request for Production of Documents and more for $37 at E-Document Package

Here's a great link that includes SOL by State and explains how it works in relation to credit card debt: States of Limitations on Debts