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Mr Lofton
Mr Lofton, Lawyer.
Category: Legal
Satisfied Customers: 1291
Experience:  30 years of experience as a counselor and trial lawyer
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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: 8 years ago.
Category: Legal
Expert:  Mr Lofton replied 8 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.

Mr Lofton and 7 other Legal Specialists are ready to help you
Customer: replied 8 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 8 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!
Expert:  Mr Lofton replied 8 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,