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So, a bank wants to sue for a credit card balance of $4000 from 2005.. They hire a law firm, or collection agency, to file paperwork and deliver the paperwork to an old address.. (they called me and told me the story..) No one answered the door and paperwork was shoved in the front door.. Paperwork is dated by court as of July 31, 2009.. and have 20 days to respond.. it was delivered on 8/17/09.. and I just heard about it today.. Sloppy work so far.. from a credit card company that is probably going broke.. and decides to dig up old debt and come to terms.. What happens if no one shows up to court..?? Again, they delivered it to an old address and I live out of state..
State/Country relating to Question: Nevada
If not one shows up to court, then they could conceivably get a default judgment. That would mean that they could start collections actions (such as garnishment, attachment to bank acounts, sheriff's sales, etc.).Now, when that stuff starts happening, you can challenge the default judgment, but even if you did, you'd only be served properly right there at court and there would be a delay in the collection action side.There could be a statute of limitations problem though, but I'd need to know what state you are in to determine that. Even still, the statute of limitations is a defense and has to be plead (meaning you make the pleading in court).
I'm just now seeing that your state is Nevada...or at least, that is where the debt originated.Typically debt on a credit card is debt by contract (your initial contract with the company requesting the card). In Nevada, the statute of limitations is 6 years on contract debt, so they aren't facing a SOL problem.
Actually, the debt originated in California. The paperwork was delivered at an old address in Nevada (I lived there for a short time, and it may (address) still show up on credit report).. Is there time to notify the court or similar of improper summons and serving paperwork.??
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Thank you.. for your response..
No problem.
Jagcorps_esq
Attorney
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