I wasnt properly served, this is a b of a ccard, so the SOL is past,I looked at the website. It says no judgement, no ruling, no attorney. I'm suprized but I want to counter sue.and make them pay. I stopped paying on that credit card in sept 2009. They sued me on Sept 20012. They couldnt find me and said I was served in Nov.2012 .
Unless the plaintiff effectuated proper service of process of the summons and complaint, the plaintiff will not be able to obtain a default judgment against you.
The statute of limitations is based upon when the lawsuit is filed. If your breach took place in September of 2009 and the complaint was filed on or before November 2012, you probably no longer have a viable statute of limitations defense.
It sounds like the plaintiff obtained a default but hasn't yet requested a default judgment yet. You will not be able to file a cross-complaint unless and until you get the default set aside. This requires either a stipulation from plaintiff or you making a motion to set aside default.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
3 lawyers agree
Debt Collection Attorney
I cannot explain the mental processes of Asset Acceptance.
From what you say, the SOL has not run on their case against you because they filed the lawsuit within the SOL. The real SOL problem is your potential, unfiled lawsuit against them. There is a one year SOL on claims under the Fair Debt Collection Practices Act. See a lawyer is you are serious about suing them.
1 lawyer agrees
Debt Collection Attorney
If you are serious about suing them under the FDCPA, the clock is ticking under the SOL. Feel free to contact our offices for a free consultation on your rights - 619 233 7770. Best of luck!
Hyde & Swigart is a law firm concentrating its efforts in the area of consumer law, the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”), and California's Rosenthal Fair Debt Collection Practices Act, California Civil Code §§ 1788-1788.32 ("Rosenthal Act"). Our lawyers are specially trained in the Federal FDCPA, Consumer Defense, and other consumer related matters. Our goal is to protect you against unfair, deceptive and abusive debt collection practices. Creditors, professional debt collectors, and attorneys who violate the law are subject to paying damages, statutory penalties, and the consumer's attorneys fees and costs. If you feel you have been abused, deceived or treated unfairly, you may need a lawyer. We can be reached at 858 900 7342 , or through one of the evaluation forms on this site.