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LonnieH33 · Sep 28, 2009, 12:49 PM

I recently was going through an old stack of mail at my parents house. With me and my dad having the same name I saw an envelope that made me curious. I opened it and it showed that I am being sued due to a default on a credit card 10-12 years ago. This was the first that I had heard of this in some time. Being so long ago I honestly had forgotten all about it. After reading this document they are telling me that I owe over $25,000 when I think the cards balance was like $6,000. What do I need to do in order to not let this go on my credit report? I recently was able to purchase a house and this was nowhere on my credit report. Please help

this8384 · Sep 28, 2009, 01:18 PM

Originally Posted by LonnieH33

I recently was going through an old stack of mail at my parents house. With me and my dad having the same name I saw an envelope that made me curious. I opened it and it showed that I am being sued due to a default on a credit card 10-12 years ago. This was the first that I had heard of this in some time. Being so long ago I honestly had forgotten all about it. After reading this document they are telling me that I owe over $25,000 when I think the cards balance was like $6,000. What do I need to do in order to not let this go on my credit report? I recently was able to purchase a house and this was nowhere on my credit report. Please help

First, are you absolutely sure that this is your debt and not your father's?

Second, what state are you in? Certain states don't allow a court summons to be sent by regular mail; it needs to be personally served or published.

Third, is the letter from the actual credit card company or from a collections agency? Is it actually a court summons or just a piece of paper stating that they're going to sue you?

LonnieH33 · Sep 28, 2009, 01:22 PM

This is actually my debt. I do remember this after reading this. Secondly, I asked my dad about it and he told me that he signed for a letter at the post office and after reading it he said that it didn't belong to him and disregarded it.

this8384 · Sep 28, 2009, 01:25 PM

Originally Posted by LonnieH33

This is actually my debt. I do remember this after reading this. Secondly, I asked my dad about it and he told me that he signed for a letter at the post office and after reading it he said that it didnt belong to him and disregarded it.

Again, what state are you in?

Is it actually a court summons or just a letter? Who is it from and what does it say?

LonnieH33 · Sep 28, 2009, 01:27 PM

I don't have it in front of me but I am in Kentucky. It appears to be a court summons with a date and lawyer signature.

this8384 · Sep 28, 2009, 01:53 PM

Originally Posted by LonnieH33

I dont have it in front of me but I am in Kentucky. It appears to be a court summons with a date and lawyer signature.

According to this website:
Kentucky Small Claims Court Information
Certified letter is allowable as service.

When is the date of the court hearing?

You stated that the original amount was $6,000 and they're now requesting $25,000; this is not unusual. They most likely have added late fees, interest charges, attorney fees, etc.

LonnieH33 · Sep 28, 2009, 01:59 PM

I believe it is around the 10th of October or a few days after. What my problem is that I know Kentucky has an SOL and it seems to me with the debt being so old, this would fall under that. Not even mentioning the lack of never receiving any documentation within the last 5-7 years about this. This letter just happened to show up at my dads house and I am a JR and it doesn't even belong to me. So if I go to court what do I need to take with me and what do I need to do?

this8384 · Sep 28, 2009, 02:06 PM

Originally Posted by LonnieH33

I believe it is around the 10th of October or a few days after. What my problem is that I know Kentucky has an SOL and it seems to me with the debt being so old, this would fall under that. Not even mentioning the lack of never receiving any documentation within the last 5-7 years about this. This letter just happened to show up at my dads house and I am a JR and it doesn't even belong to me. So if I go to court what do I need to take with me and what do I need to do?

Kentucky has a 5 year SOL:
Kentucky Statutes of Limitations

However, there's been some debate on this board as to what type of contract a credit card debt would be considered. Some argued that it is a written contract because you sign for the card; others say it's simply an open contract.

Either way, I don't think you're 100% positive on what the facts are. If your father accepted a letter for you and didn't bother telling you about it, you're lucky you even found it. I would request verification of debt to confirm whether the debt is within SOL.

JudyKayTee · Sep 28, 2009, 02:59 PM

This8384 is absolutely correct in all aspects. In NY credit card debt is an open/revolving debt. In others it's a contract.

Statute runs from the last activity on the account, not from when it was opened (if you didn't know that).

I have no idea why the debt does not appear on your credit report.

excon · Sep 28, 2009, 03:42 PM

Originally Posted by LonnieH33

So if I go to court what do I need to take with me and what do I need to do?

Hello Lonnie:

As my friends have said, the SOL in these matters seems to be a movable object. It shouldn't be. Sometimes the date of last activity is when THEY did something to your account, not YOU. That shouldn't extend and /or move the SOL. Certainly, the collectors position is that it does.

Your position should be that it DOESN'T. I would take ANY documentation that verifies the last time YOU did anything with this account.. Your RECENT credit report might show WHO acted last, even if the one drawn earlier for your house purchase didn't... If so, take that...

excon

ScottGem · Sep 28, 2009, 04:02 PM

While you have gotten good info. You do need to take some action now. The first is to contact the court that issued the summons and find out whether a hearing has been scheduled or what date you have to answer the summons.

You should then submit an answer to the summons stating your Intent to Defend against the suit.

Next send a copy of that answer to the plaintif with a request for verification of the debt and their right to collect on it.