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I am being sued for credit debt. I have become able to write

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I am being sued for...
I am being sued for credit debt. I have become able to write a check for the amount in question ($1700.00). If I file an answer on form PLD-c-010 to the court and the plaintiff's lawyer including a request to dismiss or settle this case along with a check for the amount, is it likely that this will be accepted and I will not need to go to court?
Submitted: 8 years ago.Category: Business Law
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1/2/2009
Business Lawyer: Law Pro, Attorney replied 8 years ago
Law Pro
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Category: Business Law
Satisfied Customers: 24,870
Experience: 20 years experience in business law - sole proprietor, partnership, and corporations
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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?

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Customer reply replied 8 years ago

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.

 

 

Business Lawyer: Law Pro, Attorney replied 8 years ago

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

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Customer reply replied 8 years ago

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.

Business Lawyer: Law Pro, Attorney replied 8 years ago

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.

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Customer reply replied 8 years ago
Would the answer form PLD-C-010 be a sufficient forum for this answer and for the request of a copy of the contract?
Business Lawyer: Law Pro, Attorney replied 8 years ago

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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