I had a Sheriff show up at my parents house with a court summons?

Question

I got a call from my father two days ago telling my that a sheriff was looking for me. I call the sheriff office and they told me that they forward a summons to appear in court on Sept 23rd for a old credit card debt, the sheriff ask for me in my maiden name. It is for a debt 8 years old and clearly passed the states SOL. I made a settlement with them 8 years ago and they are pursuing for the rest i lost the paperwork, last payment was on jan 22 2000. This debt is not on my credit report anymore. We live in Colorado now, and this court case is in Iowa. I cant get up and go there now, i havent lived there for 7 years.

Answer 1

You're dealing with a bottom feeder debt collector that is playing the default judgment game...It does not matter that this debt is outside the SOL....they know that if you fail to respond properly and show up on the court date, they will get a default judgement against you....and you'll see wage garnishments and freezing of your checking account.

You are going to have to hire an attorney in Iowa to do two things: file an official response to this court summons AND show up on the appointed court date. Of course it will cost money...but the alternative is having a default judgement against you and you don't want that.

If you do this, it should be very easy to win as the SOL has expired.  In the interim:

Send the debt collector that is taking you to court a letter via Certified Mail + Return Receipt stating:

Per the Fair Debt Collection Practices Act, I am requesting:

- written validation of this alleged debt

- validation that this alleged debt is within the statute of limitations.

DO NOT sign your name on this document. They might pull off your signature and attach it to forged documents to use against you. Keep in mind that you're dealing with people who have no ethics whatsoever....

Answer 2

You need an attorney.........if you don't show a warrant will be issued for your arrest..........fun............

Answer 3

Statute of limitations is only useful if you bring it up as a valid defense before they get a court judgment, and if you do not show up in court, they get a default judgment.  A judgment lasts 10 years and could be renewed in its 9th year.

The 5 year SOL might have gone on hold when you left the state, so it might not expire unless you were in IA another 4 years.  But I am no expert, so you should really consult an attorney.