Old debt and summons?

Question

just got a summons for court,but no date,for a debt that is bout 10yrsold, im from ma, the limitations is 6yrs, i dont know what to do, do i respnd or wait and if i get a court date do i go, being serious here people, need good answers,,thanks,

Answer 1

You have to go or you lose. You do not have a "Statute of Limitation" unless you plead it to the judge. Surprised you did not get a court date with the summons. Don't talk to there lawyer and do not admit you owe anything. Do not pay one cent or you will Lose your statute of limitations claim. Not lawyer, just experienced.

Answer 2

If your debt is "prescribed", meaning "expired", no one is legally entitled to force you to pay by means of reaching your property.  If the debt is indeed prescribed, being 4 years older than the statute of limitation provides for, then you have a preliminary objection to raise and Court.  Based on such a preliminary objection, the Court should dismiss your case without entertaining the merits.



Now, there can be problems.  More details would be needed.  You see, the time lapse of 6 years could be interrupted or suspended by a series of reasons.  If the creditor demonstrated by any provable means an attempt to receive what he was entitled to, then that "prescription" might have been interrupted.  If he instituted proceedings against you before the final date of prescription, then the time might even have started to count all over again!  

My advice is that you really get legal counseling on the particulars of your case.  You could go to a university if you're short on money: some law schools provide student legal services without charging anything.