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Are they also requesting attorney's fees, court costs, interest and penalties?
How old is the debt - when did you last make payment on the debt?
What state are you in?
They are requesting court fees but no exact amount has been named and there is a mention of interest also but again no amount.
I could not tell you the last time a payment was made to be honest. The debt is from several years ago and I just began being able to pay down some of my other credit cards last year. I hadn't received anything from this company and it was on my list but I was paying the smaller amounts first to close accounts. I am just starting to be able to balance current expense with past debt.
I am in California.
Have they given you a copy of the signed contract? Have they given you a copy of the statement where you made your last payment towards the "alleged" debt?
The statute of limitations on debt in California puts a time limit on the amount of time you can be sued for a debt.
Oral Contract: 2 years
Written Contract: 4 years
Promissory Note: 4 years
Open-Ended Accounts: 4 years
All I have received is the lawsuit itself, there was no attachment of the contract itself, they only made a reference to the fact that there was a contract. I am sure that there was probably a payment made just barely within the past four years. I lost my job in the middle of 2005 and I am pretty sure I have not made a payment on this account since. This is credit card debt if I haven't mentioned that.
thank you very much for your help. i long to have this part of my life complete and taken care of so that I can start fresh and move on. I greatly appreciate all help in this matter.
I would demand that they show you a copy of the contract and a copy of the last payment - it could very well be that they are outside the statute of limitations and are not legally able to pursue this matter.
They would have to provide such if you go to court.
Do not default but file an aswer to the complaint so that you have the opportunity to view this information. They have to provide the information or lose at time of trial.
Yes, you could answer within the affirmative defenses area of the form that:
1) there was no contract
2) that if there was a contract they are outside the statute of limitations for collection thereof
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