I'm being sued!

[Lthomas356]

I got a letter from a lawyer today. Midland is suing me but I really owe Citi cards. I'm just getting the "warrant in debt". It was sent to my school address and they forwarded to my house. The "warrant in debt" was sent 12-23-11 but I'm just getting it today. Anywho, any advise on how to handle this? Please reply soon.Thanks.

[pizzadude]

Was there a court date associated with this legal action ??  If so you need to make arrangements to be present for it.....

What is the amount that they are suing for ?  Do you have the means to offer a settlement ?

[Lthomas356]

Court date 1/25/12. No I do have the means to offer a settlement right now. I will be filing taxes soon and getting my refund check from school. And thanks so much for replying. I think the SOL have run out though.

[MarineVietVet]

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@Lthomas356 wrote:

Court date 1/25/12. No I do have the means to offer a settlement right now. I will be filing taxes soon and getting my refund check from school. And thanks so much for replying. I think the SOL have run out though.

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You need to be absolute certain about this. If the SOL has expired then generally you'll have a good defense in court. At any time in the past did you make any kind of payment on this account? In some states doing so can reset the SOL.

I would check the SOL laws in your state carefully. What state are you in?

From a BK years ago to:
EX - 3/11 pulled by lender- 835, EQ - 2/11-816, TU - 2/11-782

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".

[HoldingOntoHope]

You will need to show up on the court date to provide any kind of defense or explanation. If you do not then Midland will be granted a default judgment and it will haunt you and your credit reports for a long time. (I speak from personal experience).

If you are confident that the SOL is expired in the state then bring that argument forward in your case or discussion with their attorney before the case is called. If they simply say no it's not, wait for the case to be called and bring it up with the judge. You may also be able to reach a settlement or payment agreement with their attorney before the case is called.

Just be aware, COMMUNICATION IS YOUR FRIEND HERE, ignoring it is not going to turn out well.

If you can afford it a consultation with a consumer debt lawyer before the court date would be a great thing. Borrow the money from someone if you have to. If you can't afford it look up Legal Aid or Pro-Bono legal services in your area and get some help. Best of luck.

[pizzadude]

I hope that you are right that the SOL is expired, but you still have to show up to court.   CAs routinely get default judgements against people who just don't show for court, even for out of statute debt.

[RobertEG]

+1

Prepare for court!!!!

If you show up and assert an SOL defense, the judge will consider that motion prior to hearing the case on the merits, as it is an absolute affirmative defense.

However, the burden is on you to support your assertion. 

Two essential things will be required.  One, that you define the date, under your state SOL statute, that governs the current SOL period, and two,that you show, with records, what that date is as it applies to the facts of your case.

The judge, of course, will know the statute, and thus the relevant date for calculation of the running of SOL.  In most states, the initial running of the SOL is the date that they could have first sued you, which is the date of your first delinquency in the chain of your current level of delinquency on the debt.  Usually the same as the DOFD.  Have records to support that date.  Then be sure that your state SOL code does not provide for any reset of that date based on actions such as prior payments on the debt or prior firm offers to pay.  The judge will know that, and base the period on the relevant date.  So be prepared to know and prove the appropriate date.

[Lthomas356]

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@MarineVietVet wrote:

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@Lthomas356 wrote:

Court date 1/25/12. No I do have the means to offer a settlement right now. I will be filing taxes soon and getting my refund check from school. And thanks so much for replying. I think the SOL have run out though.

---

You need to be absolute certain about this. If the SOL has expired then generally you'll have a good defense in court. At any time in the past did you make any kind of payment on this account? In some states doing so can reset the SOL.

I would check the SOL laws in your state carefully. What state are you in?

From a BK years ago to:
EX - 3/11 pulled by lender- 835, EQ - 2/11-816, TU - 2/11-782

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".

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Im in Virginia. And no I didn't make any payments of any kind with this account.

[Lthomas356]

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@HoldingOntoHope wrote:

You will need to show up on the court date to provide any kind of defense or explanation. If you do not then Midland will be granted a default judgment and it will haunt you and your credit reports for a long time. (I speak from personal experience).

If you are confident that the SOL is expired in the state then bring that argument forward in your case or discussion with their attorney before the case is called. If they simply say no it's not, wait for the case to be called and bring it up with the judge. You may also be able to reach a settlement or payment agreement with their attorney before the case is called.

Just be aware, COMMUNICATION IS YOUR FRIEND HERE, ignoring it is not going to turn out well.

If you can afford it a consultation with a consumer debt lawyer before the court date would be a great thing. Borrow the money from someone if you have to. If you can't afford it look up Legal Aid or Pro-Bono legal services in your area and get some help. Best of luck.

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I'm certain the SOL has expired. Citi CO this acct May 2006. I'm just going to show up at court and fight this. Thanks for replying.

[MarineVietVet]

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Lthomas356 wrote:

Im in Virginia. And no I didn't make any payments of any kind with this account.

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The SOL for debt in VA:

Oral Contract: 3 years

Written Contract: 5 years

Promissory Note: 6 years

Open Ended Accounts: 3 years

When is the DoFD (Date of First Delinquency) for that account? That is usually when the SOL starts.

ETA: I posted this before I saw you write the CO was 5/2006. You should be good to go as far as expired SOL.

From a BK years ago to:
EX - 3/11 pulled by lender- 835, EQ - 2/11-816, TU - 2/11-782

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".