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Help!! Husband being taken to court

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miz
Contributor

Help!! Husband being taken to court

My husband is being taken to court because he missed one payment on a payment agreement with credit card.  Already shows up as a charge off, just paying to work things out.  This debt is over four years old, in our state SOL is 4 years, how do we fire back at this lawyer?  Shouldn't this lawyer know about the SOL?????
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Anonymous
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Re: Help!! Husband being taken to court

Did he receive a summons?  If it's past the SOL, state that in the response to summons, copy the court CMRRR too.  I was caught by a JDB that I HAD responded to, though not in their proper form...so they filed a bogus "non-response affidavit" and got an automatic default judgment.
 
If this is the OC I would handle it this way, if it's a CA, request DV also with the Summons.
 
Good luck!!
 
Don't trust that lawyer, yes he knows but people are buying old accounts, scaring people because most consumers do NOT know their rights so they pay!
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