How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Mr Lofton Your Own Question

Mr Lofton
Mr Lofton, Lawyer.
Category: Legal
Satisfied Customers: 1291
Experience:  30 years of experience as a counselor and trial lawyer
Type Your Legal Question Here...
Mr Lofton is online now
A new question is answered every 9 seconds

I have a CMC scheduled for august 13th in a smail claims ...

Customer Question

I have a CMC scheduled for august 13th in a smail claims court, regarding a credit card debt. For the past four years I have been living in Europe, so the notice of hearing papers have been mailed to my sister´s address(because we have the same last names)and I cannot be present in San Francisco in couple of days.What are the consequences of me not showing up and is it legal for them to sent summons to a cousin? What about the statue of limitation on credit card debt?
Zinka Smailagic
Submitted: 5 years ago.
Category: Legal
Expert:  Mr Lofton replied 5 years ago.
They can only serve you where you "live" last and usual place of abode - if they are serving you at the address you gave them for the card, then its good.

Statute of limitations is 6 years for contract breach.

Your choices: ignore it and they'll will get a judgement; contact attorney for credit card company and negotiate; or, if you're coming back soon contact attorney and the court and get a new date for the hearing.

Regards
Mr Lofton, Lawyer.
Category: Legal
Satisfied Customers: 1291
Experience: 30 years of experience as a counselor and trial lawyer
Mr Lofton and 6 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
I am not planning of coming back to the US except for a short visit in December. If i ignore it and they get a judgment, how will that affect me and can they continue to harass my sister with night phone calls and showing up at her door?

Thank you for your earlier answer,
Expert:  Mr Lofton replied 5 years ago.
The cannot harass sister at all and if they do you can sue them in Federal Court under the Fair Debt Collections Practices Act!
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf
Expert:  Mr Lofton replied 5 years ago.
And ... if they do get a judgment against you, by assuring the court you were properly served (even though you weren't) ... obviously that judgment is good for 20 years and whereever they might find your assets they would be trying to collect.

Good luck,

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.