Wow, what a story especially the attorney .... unscrupulous. I'm sorry you are having to go through this, and welcome to place where you will get a wealth of info from others who have been there.
I'm fairly new, however, from what I've read you are right about having to respond to the summons, because LVNV would be able to get a judgment against you if you didn't. I'm not sure how it works, but isn't the owness on them to show that this debt is indeed valid and not past the statute of limitations??? I agree that having a shred of evidence in your favor would help, do you have any old credit reports that show this debt? I've read that sometimes lenders will run a thorough credit report - like from the dawn of time before one had credit to present day...since nothing seems to go away just surpressed....I don't know how "factual" this is. I read it in the mortgage boards upstairs, but perhaps this could be a way for you to find this old debt and prove that it is beyond the SOL.
Good luck to you! I know others with more experience will probably chime in 
@alienfico wrote:Wow, what a story especially the attorney .... unscrupulous. I'm sorry you are having to go through this, and welcome to place where you will get a wealth of info from others who have been there.
I'm fairly new, however, from what I've read you are right about having to respond to the summons, because LVNV would be able to get a judgment against you if you didn't. I'm not sure how it works, but isn't the owness on them to show that this debt is indeed valid and not past the statute of limitations??? I agree that having a shred of evidence in your favor would help, do you have any old credit reports that show this debt? I've read that sometimes lenders will run a thorough credit report - like from the dawn of time before one had credit to present day...since nothing seems to go away just surpressed....I don't know how "factual" this is. I read it in the mortgage boards upstairs, but perhaps this could be a way for you to find this old debt and prove that it is beyond the SOL.
Good luck to you! I know others with more experience will probably chime in
No, the defendant MUST show up and claim SOL defense. The plaintiff is not required to do anything other than claim the money is owed, if the defendant does not show. Its not up to the court to stand up for the defendant - their purpose is to make the decision, not help one side or the other.
@Anonymous wrote:
@alienfico wrote:Wow, what a story especially the attorney .... unscrupulous. I'm sorry you are having to go through this, and welcome to place where you will get a wealth of info from others who have been there.
I'm fairly new, however, from what I've read you are right about having to respond to the summons, because LVNV would be able to get a judgment against you if you didn't. I'm not sure how it works, but isn't the owness on them to show that this debt is indeed valid and not past the statute of limitations??? I agree that having a shred of evidence in your favor would help, do you have any old credit reports that show this debt? I've read that sometimes lenders will run a thorough credit report - like from the dawn of time before one had credit to present day...since nothing seems to go away just surpressed....I don't know how "factual" this is. I read it in the mortgage boards upstairs, but perhaps this could be a way for you to find this old debt and prove that it is beyond the SOL.
Good luck to you! I know others with more experience will probably chime in
No, the defendant MUST show up and claim SOL defense. The plaintiff is not required to do anything other than claim the money is owed, if the defendant does not show. Its not up to the court to stand up for the defendant - their purpose is to make the decision, not help one side or the other.
Maybe my response wasn't as clear. I would never suggest that someone blow off a summons, so with that in mind Yes, I totally agree that has to happen, she has to respond to the summons and state that the debt is out of SOL, however, isn't the burden of proof on the plaintiff to demonstrate to the court that this debt is within SOL, once she exerts her out of SOL defense? In otherwords, doesn't LVNV need to have some proof in the form of records, DoFD, when it was charged off, when they purchased the debt to demonstrate to the court that the debt is still within SOL?
@alienfico wrote:
@Anonymous wrote:
@alienfico wrote:Wow, what a story especially the attorney .... unscrupulous. I'm sorry you are having to go through this, and welcome to place where you will get a wealth of info from others who have been there.
I'm fairly new, however, from what I've read you are right about having to respond to the summons, because LVNV would be able to get a judgment against you if you didn't. I'm not sure how it works, but isn't the owness on them to show that this debt is indeed valid and not past the statute of limitations??? I agree that having a shred of evidence in your favor would help, do you have any old credit reports that show this debt? I've read that sometimes lenders will run a thorough credit report - like from the dawn of time before one had credit to present day...since nothing seems to go away just surpressed....I don't know how "factual" this is. I read it in the mortgage boards upstairs, but perhaps this could be a way for you to find this old debt and prove that it is beyond the SOL.
Good luck to you! I know others with more experience will probably chime in
No, the defendant MUST show up and claim SOL defense. The plaintiff is not required to do anything other than claim the money is owed, if the defendant does not show. Its not up to the court to stand up for the defendant - their purpose is to make the decision, not help one side or the other.
Yes, I totally agree that has to happen, she has to state it is out of SOL, however, isn't the burden of proof on the plaintiff to demonstrate to the court that this debt is within SOL, once she exerts her out of SOL defense? In otherwords, doesn't LVNV need to have some proof in the form of records, DoFD, when it was charged off, when they purchased the debt to demonstrate to the court that the debt is still within SOL?
If the defendant does not show or file a timely response, in most courts it is considered a default and the Plaintiff is entitled to a default judgment. If the defendant responds to the lawsuit (and potentially shows up as well on the court date if not resolved before), the defendant can raise the SOL as a defense. Once raised, the SOL defense could potentially result in a judgment for defendant or a dismissal of the case with prejudice. Unless raised, the court will not consider the defense because often "default judgments" are entered by the court clerk. Moreover, choosing to ignore a summons and not respond could result in a default judgment that might not be something you can challenge based on SOL (but can challenge based on service/etc). To make a long story short, unless an attorney advises you otherwise, generally best to present a defense and not just rely on the court looking into the SOL (in a few courts defaults are not available, like in small claims court in CA, and the court might look into SOL without a defendant raising it).