The statute of limitations on debt in Kansas limits the time you can be sued for a debt:
Oral Contract: 3 years
Written Contract: 6 years
Promissory Note: 5 years
Open-Ended Accounts: 3 years
Credit card debt is considered open-ended accounts - therefore, they must file suit within 3 years after your breach of the credit card agreement. As you stated that it was about 1 year ago - they are well within the statutory time frame within which to file suit on the matter.
What you will have to do is answer the complaint and then file a request for production of documents.
Here are sample complaints, answer, and requests for production of documents:
COMPLAINT
1) Plaintiff, CAPITAL ONE BANK (USA),NA is a corporation with offices
at 15000 CAPITAL ONE DRIVE RICHMOND , VA 23238 .
2) Defendant is adult individual(s) residing at the address listed
below:
Sam Smith
XXXX XXXXXXXXX XX Anywhere, USA 15044
3) Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX1987 .
4) Defendant made use of said credit card and has a current balance
due of $6119.32 , as of August 27, 2008 .
5) Defendant is in default by failing to make monthly payments when
due. As such, the entire balance is immediately due and payable to Plaintiff.
6) Plaintiff is entitled to the addition of interest at the rate of
28.100% per annum on the unpaid balance from August 27, 2008 . A copy
of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1" and
made a part hereof.
7) Although repeatedly requested to do so by Plaintiff, Defendant has
willfully failed and/or refused to pay the balance due to Plaintiff.
Wherefore, the Plaintiff prays for judgment in its favor and
against Defendant , Sam Smith , INDIVIDUALLY , in the amount
of $6119.32 with continuing interest thereon at the rate of 28.100%
per annum from August 27, 2008 plus costs.
ANSWER TO COMPLAINT
1) After reasonable investigation, the allegations contained in paragraph 1 of Plaintiff's Complaint are denied and strict proof to the contrary are demanded at trial.
2) Admitted.
3) Denied. To the contrary the allegations contained in paragraph 3 of Plaintiff's Complaint are specifically denied and strict proof to the contrary are demanded at trial. In further answer to Plaintiff's Complaint, Plaintiff has failed to attach a copy of the signed contract.
4) Denied. To the contrary the allegations contained in paragraph 4 of Plaintiff's Complaint are specifically denied and strict proof to the contrary are demanded at trial. In further a answer to Plaintiff's Complaint, Plaintiff has failed to attach any statements showing use of said credit card by Defendant.
5) Denied. To the contrary the allegations contained in paragraph 5 of Plaintiff's Complaint are specifically denied and strict proof to the contrary are demanded at trial. In further answer to Plaintiff's Complaint, Plaintiff has failed to produce an executed contract or give any evidence of a verbal agreement between the Plaintiff and Defendant.
6) Denied. To the contrary the allegations contained in paragraph 6 of Plaintiff's Complaint are specifically denied and strict proof to the contrary are demanded at trial. In further answer to Plaintiff's Complaint, Plaintiff has failed to attach a copy of the contract to the Complaint and is fictionally stating such that they are entitled to any interest.
7) Denied. To the contrary the allegations contained in paragraph 7 of Plaintiff's Complaint are specifically denied and strict proof to the contrary are demanded at trial.
WHEREFORE, Defendant requests this court to dismiss the Plaintiff's Complaint with prejudice.
NEW MATTER
8) That Plaintiff does not have an original or copy of an executed contract between the Plaintiff and Defendant upon which this suit is brought.
9) That Plaintiff does not have any statements original or otherwise showing purchases and/or payments made by the Defendant upon which this suit is brought.
10) That the agreement or contract if made between the Plaintiff and Defendant and which is strictly denied upon which this action is based is outside the statute of limitations of Pennsylvania for collection thereof.
WHEREFORE, Defendant requests that this court dismiss the Plaintiff's Complaint with prejudice.
Respectfully submitted,
1) Copies of any and all contracts between the plaintiff and defendant at any time.
2) Copies of any and all contracts between the plaintiff and defendant that would relate to plaintiff's claim in paragraph 3 of plaintiff's civil complaint.
3) Copies of any and all monthly and/or yearly or annual statements regarding any contracts as between the plaintiff and defendant that would related to paragraph 4 of plaintiff's civil complaint.
4) Copies of any and all contracts between the plaintiff and defendant that would relate to plaintiff's claim in paragraph 3 of plaintiff's civil complaint.
5) Copies of any and all documents which reflect, record, describe, refer or relate to, or contain information concerning defendant is in default as stated in plaintiff's civil complaint paragraph 5.
6) Copies of any and all documents which reflect, record, describe, refer or relate to, or contain information concerning that plaintiff is entitled to the addition of interest at the rate of 28.100% per annum on the annum on the unpaid balance from August 27, 2008 as stated in plaintiff's civil complaint paragraph 6.
7) Copies of any and all documents which reflect, record, describe, refer or relate to, or contain information concerning that plaintiff has repeatedly requested defendant to pay the balance due to plaintiff as stated in plaintiff's civil complaint paragraph 7.
Attorney
19 years legal practitioner: real estate, collections, estate, civil, business, and criminal law
You have to file the answer - that's clear.
Use that answer as an example to answer the complaint they filed - the procedure is identical.
What - do you want the statute number or what?