Being sued by a debt collector for an old credit card debt?

Question

I was served papers last monday by the sheriff giving my 20 days to respond. It was for a debt that was charged off in 2000. they want 2k now. This debt is not even on my credit report, so i looked at my credit report when we bought our house and it has this debt showing it was charged off in 09/2000 for 456.00. I looked up the SOL in Iowa where i lived all of my life and it is 5 years for credit card debt.

My question is with my answer weather to but that on there, on that complaint they attached a answer it just has a space to check that you admit or deny. Can i use this SOL on there and if so how. The other problem is i asked the clerk when dose this go to trial, she said with in a month of after the answer. I am going with my husband next month to Florida, he is getting transferred next spring and we are going to look for housing. our travel arrangements have been made. i never agreed to the 456.00 charges any how, one of those buy now pay later thing. if someone would give me some guidance that would be great, would a attorney be beneficial--would like to avoid it.

Answer 1

DO NOT PAY THIS DEBT. The original collector has sold this debt to a junk debt scam artist. Contact your court house and find out how you can file a motion to dismiss. There will be a process. I did this myself. I was really nervous, but when i showed up for court the judge asked me why i was filing my motion to dismiss. I explained that the alleged debt (don't admit to owning the debt unless you have to) was past the SOL for my state. The judge asked the plaintiff's attorney if this was true. He said that he would have to look into it. She gave him 2 weeks to get evidence that the debt was not past SOL or she was dismissing the case. Well guess what? The slimy debt collector didn't have any proof! CASE CLOSED. I used Lexington Law to completely clean my credit report after that victory!

http://credit-repair-story.com/lexington...

Answer 2

If the original charge is unjust then fight it.  If the charge was correct  then you need to call them up and try to work out some sort of deal.  Often if you speak with creditors you can make a deal.  They sometimes record calls so be careful what you say on the phone.  Also, make sure you get things in writing BEFORE you send any money.  Do NOT give them electronic access to  your bank account, or give then a post dated check. They will clean you out and/or cash the check as soon as they get it.  If you owe the debt and the extra charges are correct you WILL lose in court.  Only go to court if you think you can win.  If you do nothing and do not show up in court you will lose automatically.  At the very least, call up a lawyer and run it by them.  Often lawyers will give you advice over the phone for free.  They can only say no.  Or, purchase a lawyers time to ask and answer questions.  Say, 2 hours at whatever an hour.  

The original buy now pay later charge of $456.00 will hold up in court if they have anything you signed agreeing to the transaction.  

Answer 3

Jill A, I found a huge list of Iowa local credit card resources. http://www.howtofindcreditcard.com/Iowa-... Try calling a local company and they hopefully answer your questions.

Answer 4

that is the weirdest i have ever heard of, being sued over a CC debt.

there is no debters prison anymore.

call the court and talk to them befroe you get attorney and deny the debt.

Answer 5

I totally agree that you MUST show up in court.

Do have all your past credit reports with you, along with a good understanding of the fair credit collections act.

You can prove the debt is past the SOL, and you can win the case.

Answer 6

An attorney would be beneficial, but will probably cost you more than $2000.  I'd check the box to deny and when they list a reason say that the statute of limitations has passed on the debt.  Hold onto that credit report showing when it was charged off.  

If they filed suit, whether the suit is valid or not, you are required to be served.  The debt collector is just trying to scare you.  They know that some people will just pay up, which is bad because it restarts the clock and goes back on your credit report for 7 years and restarts the statute of limitations.

Answer 7

You need to hire an attorney to both answer this AND to show up on court with you. This is a bottom feeder debt collector that is playing the default judgment game....they are hoping that you don't respond and/or don't show up in court...both of which would give them an automatic default judgment against you...even if the debt is outside the statute of limitations.