Small Claims CC Summons - Past SOL?

[Anonymous]

Hi Everyone!

I just received a summons for small claims court for a cc debt in the amount of $4300 for a card that I have no recollection of having.  I was contacted by this attorney a month ago who said he would be sending me a debt validation in the mail (never came of course) and also gave me details on the account that it was opened on 11/02 and the DOFD was 8/05.  The SOL in my state of CT is 6 years so this debt is obviously almost due to age off which I assume is why I received this summons within a few weeks of initial contact from this attorney.

I regulary check my credit reports and this debt is not on any of them, nor do I have any accounts with this company.  How should I proceed?  I am going to deny this in the answer to the summons, but I would like to know how I should fight this in small claims with the SOL issue.  Any help is appreciated!

[llecs]

It's not CapOne, is it? They love to sue at the last minute.

I would contact that CC and ask for the last few copies of the statement to look for a name, address, purchases, etc. If after seeing that you feel 100% for sure that it isn't yours, then call the police. File a police report for ID theft and that'll go a long way in getting this dismissed. Of course answer the summons. And show up to court. BTW, don't trust their recollection of the DOFD. Your statement might reflect that better. If it is yours, then offer a settlement. If yours, and the DOFD is the date they said, then you can't fight the SOL if it is 6 yrs because you are inside SOL. However, I'd also cross-check your state's statutes to verify that's the case.

[Anonymous]

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@llecs wrote:

It's not CapOne, is it? They love to sue at the last minute.

I would contact that CC and ask for the last few copies of the statement to look for a name, address, purchases, etc. If after seeing that you feel 100% for sure that it isn't yours, then call the police. File a police report for ID theft and that'll go a long way in getting this dismissed. Of course answer the summons. And show up to court. BTW, don't trust their recollection of the DOFD. Your statement might reflect that better. If it is yours, then offer a settlement. If yours, and the DOFD is the date they said, then you can't fight the SOL if it is 6 yrs because you are inside SOL. However, I'd also cross-check your state's statutes to verify that's the case.

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Solid advice.

Check your state's SOL.  Also, if it is a CA that is suing you on behalf of the credit card company, they are required  to DV if your request is timely prior to taking legal action.  Not only can you deny their allegations, you can countersue for FDCPA violations.