flora maestas
Member
What is the name of your state? New Mexico
I have acquired alot of information through this website , specifically regarding a credit
card which has gone unpaid since I got divorced and lost my job 5 years ago. The SOL
for my state is 4 years so I sent the creditor and all the subsequent assignesss of that creditor, letters as instructed through this site regarding the SOL, Blah, Blah, Blah.....
Anyway, the last assignee being an attorney for Midland Credit Management, Inc. who was an assignee of my original creditor ( and to whom I sent the SOL letter back in March 2006certified mail, return receipt, has now served me with a Summons for this account. I
am instructed to file a a legal defense in writing with the District court within 30 days lest
they get a Judgment by defult against me.
From everything I have been reading on this site, it was my understanding that when the SOL had expired, it was fruitless for creditors to sue. Why are they then going forward with court action and what should I do?
Do I need a specific form to file with the court? Or do I just need to file a written response
in the form of a letter? What do I need to say in my response? If someone can give me
exact steps to follow, I would appreciate it.
Thanks!
I have acquired alot of information through this website , specifically regarding a credit
card which has gone unpaid since I got divorced and lost my job 5 years ago. The SOL
for my state is 4 years so I sent the creditor and all the subsequent assignesss of that creditor, letters as instructed through this site regarding the SOL, Blah, Blah, Blah.....
Anyway, the last assignee being an attorney for Midland Credit Management, Inc. who was an assignee of my original creditor ( and to whom I sent the SOL letter back in March 2006certified mail, return receipt, has now served me with a Summons for this account. I
am instructed to file a a legal defense in writing with the District court within 30 days lest
they get a Judgment by defult against me.
From everything I have been reading on this site, it was my understanding that when the SOL had expired, it was fruitless for creditors to sue. Why are they then going forward with court action and what should I do?
Do I need a specific form to file with the court? Or do I just need to file a written response
in the form of a letter? What do I need to say in my response? If someone can give me
exact steps to follow, I would appreciate it.
Thanks!
