I'm going to try to give as much info as possible. Today I received a summons from what I assume is an agency that has purchased my collections account. I live in CT and the SOL is 6 years. From what I understand, the SOL has passed. Here is the info, straight off of my credit report:
Date Reported: 10/2008
Date Assigned: 02/2003
Creditor Classification: Medical/Health Care
Creditor Name: HOSPITAL
Original Amount Owned: $5,XXX
Date of 1 st Delinquency: 07/2002
Balance Date: 10/2008
Balance Owned: $5,XXX
Last Payment Date : N/A
Status Date: 10/2008
Status: D - Unpaid
Comments: Medical
So based on that info, the SOL began counting down on 07/2002 and ended in July of this year, right? I have until 12/09 to answer the summons. What exactly should I do to ask them to verify this debt and that the debt is not beyond SOL?? I really cannot afford a lawyer right now, how important is it that I need one??
Hi yourmom
You are right. The SOL in CT is 6 years. However, if you have made any payment towards the debt within this six year period then your SOL might not have expired. However, if you have made your last payment in 02/2003, you need not worry because your SOL has expired. However, you need to file a response to the summon within the date mentioned in your summon to prevent yourself from default judgment.
Good advice, you must answer the summons or they will get a default judgement against even though it is passed the statute of limitations. No one is concerned about the particulars in this case, not the court, not the collector who is suing you, only you. The collector who is suing you is probably hoping that you do not know what the laws and particulars are surrounding this case and the laws on debt collections. Good luck, keep us updated.
I never paid anything on the account. I know I definitely need to answer the summons but is there a specific form I need to fill out? What do I need to write? Will the clerk have a form for me? Do I respond that I'd like proof that the debt is valid and within the SOL? Is it okay to do it on my own or do I really need a lawyer?
I imagine that is why they put n/a on date of last payment. You really have to answer the summons because if you don't and they proceed they will win in court whether the SOL has passed or not. I will hope Gn comes back since she is a little more familiar wiht this process. I do know that you can use the SOL in your defense and win. Have you asked for debt validation? If not you can ask but call your court house and see what all you have to do. They will have to prove or show proof you made a payment before the SOL was up in order to win and I doubt they can do this.
Hi yourmom7
You need to visit the court and fill up the form with the clerk there. They will help you out there to fill up the response form. In the response form you may mention that you do not agree with the debt for which you are sued by the creditor. In the meanwhile you can send a DV letter to the CA asking them to validate the debt. While validating the debt, they will have to mention your last payment again which will prove that the SOL on the debt has expired which you can present before the court on the court date to prevent judgment against you.
What happens if they bring up some phony ;last payment? I am not saying this is an issue but I am looking at the original post and taking into consideration different scenarios. The last payment most likely wasn't listed do to the SOL expiring on the debt but they could have left it out or made one up. I have heard of this before. I even remember reading about it here. Do they not have to prove trhe last payment? I would think that they would.
OP please keep us updated.