[creditcollectionquestion]

A summons to appear for an old credit card debt appeared on my door today. I was not officially served the summons, they just taped the first page of it to my door.

The summons is for an old credit card debt that was charged off in November of 2004. I pulled my credit report and my last payment on the card was 60 days overdue on August 2002, which would put my last payment in May of 2002.

The Statute of Limitations in my state is 5 years for open ended accounts, although this seems to be a fuzzy area of law.

My questions are the following:
1. I have not been properly served, should I file an appearance because I'm aware that they are suing me now? I checked the Illinois online court website and it said that I have been properly served and am required to appear. In my state you are required to be served in person and, as I said, I was not.

2. Should I send a debt validation letter to the company? If yes, does this signal that I was properly served to appear?

3. The amount that was charged off my credit card was around 7400. I am being sued for over 13400. Should I try to settle with them or take my chances in court because of the SOL? I have no access to an attorney and I don't know how to verify the SOL.

5. They also tried to serve me at my brother's house and left documents on his front steps. These documents included an attachment that looked like some kind of standard rules and regulations of the original creditor. My signature was not on it. Does this constitute a written contract?

6. If I want to settle the account, how do I do that? Will this impact me unfavorably if they refuse to settle and take me to court anyway? What amount should I start with? I can only really get around 5000 maximum together right now.

Thanks very much! I hope to hear from someone soon because I am scheduled to appear July 9 (if, in fact, I should appear even though I have not been properly served).

[Fr_Chuck]

1. How do you know you have not been properly served, taping it to your door is very acceptable in many states depending on the type of suit.
I worked in GA when I was off duty and did process service, mostly divorce things, but on many issues we were allowed to merely affix it to their front door. ** But the process server signed off that they legally served you, so they will havve the court case if you appear or not.

2. Yes you should, and as noted they will have the court date, since the court is showing you served.

The charge off amount is merely what you owed at that time years ago. Before interst, fees, and attorney and court fees.

3. You need to verify the exact SOL, if it is past, you have a sure thing in court.

4. No, not really required on service,

5. got the questions off, forgot what 5 was,

6. I would go in at about 1/2 of the orgianl charge off amount as a settlement in full. Now if they have checked you out, they may know what banks you use, where you work and so on, so if they think they can get a judgement, and freeze and attach your bank accounts, and garnish your pay for 1/4 of you pay, they may not want to settle at this point, but it is always worth a try.


But the main thing I did not see asked, I think you should get an attorney to review all of this, and let them advise you.


*** OK, now the preacher in me, just because it is past the SOL does not mean you don't still owe them, just that they can not get a judgement,