Served 1 1/2 yrs later

[mj1031]

undefinedWhat is the name of your state? AZ

I was just recently served with a court document in Oct of 2004, that stated it was Originated in June 2003. I sent an answer with my 30 court fee stating I was never contacted. Is this legal, the statute of Limitations on a Auto Repo Debt was June 2003, but I was never notified either by the courts or the Collections agency until I was just served in October, is this legal. I had to give a Deposition today that lasted all of Five Minutes. I am still going by the statute of limitations because they failed to serve me, I have lived at this same address for the past five years and am listed in the telephone book so there is no reason why the court says they could not locate me, it's ridiculous, does anyone know if I have any stance here? I am ready to send a letter to the judge regarding all this.
Thanks for any advise.

 

[Ladynred]

What was in the papers you were served with in October ?? I seriously doubt they waited over a YEAR to serve you, I do believe there is a time limit. I'd be willing to bet they got a default judgment in 2003 and your deposition was a 'debtor's exam' to discover assets. Call the courthouse and if there is a judgment, get a copy of the case file. In it will be a proof of service that will tell you when, where, how and to whom the original summons was served.

 

[mj1031]

It was a civil complaint letter, not a judgement at all. We filed a Civil Answer Form with the Superior court and then a few weeks laterr the attoney for the Calvary Investments sends us official notice of the deposition that we did today. It was very short, in fact the only question asked was Are you willing to pay this debt and if no, why!

 

[Patrick15]

http://www.superiorcourt.maricopa.gov/justiceCourts/Info/civilsuits.asp#i


YOUR ACTION WILL BE DISMISSED IF THE SUMMONS AND COMPLAINT HAVE NOT BEEN SERVED WITHIN 120 DAYS OF THE FILING OF YOUR COMPLAINT.

EDIT: Are you saying the filing date was then or the date for something else?

 

[mj1031]

Thanks! The complaint was filed in June of 2003 by the Plaintiff and not served until October of 2004, so this definately falls under the 120 days, so now do I contact the courts(you would think they would know this and dismiss it already.)
Your help is greatly appreciated, I just need to know why my next move should be, contact the courts or the Attorney for the Plaintiff and how should I word it, if at all?

 

[Patrick15]

Motion to dismiss?

'Course I'm sure they'll just refile.

 

[mj1031]

Since the statue of limitations was over in 6/2003, why would they refile, knowing this? Our last payment on the debt was in June of 1997, making 2003 the last year to sue us. If they do refile would the limitation run out another 6 years from 2003?