Consumer Protection Law
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Any idea why they filed the suit in MO? Did you have any connection with that state?
So you received and used the credit card while a resident of MO?
Are you still there?
No problem. MO would be the proper state for the lawsuit and for the statute of limitations. In MO that is 5 years from the date of the last payment.
However, they are not supposed to proceed with a lawsuit without serving you.
There is something called "substituted service" which is something like publishing in the newspaper.
You have to ask the judge for permission to do that and explain why you couldn't get regular service though.
If they didn't try to serve you and it has been over five years since the last payment you can hire a lawyer there and try to get the lawsuit dismissed.
no, no reset.
In other words if they try to serve you but can't find you for some reason then they can explain that to the judge and ask that the judge allow them to serve you by publishing the notice in the local newspaper. If it isn't the original creditor they probably didn't bother.
No, they will probably ask for and get a judgment. The court usually just signs whatever is stuck in front of them. You can then move to vacate the judgment and dismiss it or you can file something now to dismiss it.
Probably on the first although they will have to file the judgment to have it recognized in Ar first and then get a garnishment issued out of an Ar court.
The motion to vacate will be based on no service and then a motion to dismiss will be based on the statute of limitations.
You will want to at least talk to one and see if it would be better to do that or wait for the judgment to be granted and then file to vacate and dismiss it.
Different judges handle things different ways.
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