Bill collector bring legal action. ?

Question

i am getting sued by a bill collector for a credit card that was charged off in 1997, i know the SOL is 6 years in my state. I had one last year and went to court and proved it was passed the SOL, case was dismissed. I got served the papers last week denied the claim and the court case was set for September 14. They are demanding 3k, charge off was for $600. The problem with the court date it is scheduled when i will be 2,000 miles away, i just cant be there at that date and time. Is there away i can get that changed. I dont get it they are suing me for a time barred debt anyhow.

1 second ago - 3 days left to answer.

Answer 1

It doesn't sound like you have anything to worry about.  The statute of limitation is 7 years in most states.  You may want to call your states attorney general and see what to do.

Answer 2

Just call the court house and find out from the court clerk or they can get you to the right place.

If you know who the Judge is write a letter of explanation along with all documents to support the SOL and see what happens.

Answer 3

Call the attorney handling the suit and ask for a postponement.  If the answer is no, call the court clerk.

Answer 4

Best thing to do is file your answer (sounds like you've done this before) and then an additional motion for a continuance.  There should be no reason to deny the motion, but if your assert the SOL as an affirmative defense and the Plaintiff can't prove otherwise, there's a good chance the case will get tossed before the judge has a chance to rule on the continuance.

Answer 5

Two ways to handle this. First way is to submit a motion for dismissal based upon the fact that it has passed the statute of limitations and is noncollectable. Second way is to request a postponement due to the fact that you will be out of state during that time.