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What are the statute of limitations on collecting on a 3 year old debt
Mobile, AL
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Posted about 1 year ago in Debt Collection
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Summons:
I have recently moved to Birmingham from Mobile and my old neighbor called yesterday to say that a deputy's card was on the front door of my old address. I called the number she gave me and the deputy told me it was a summons from Midland Credit Management. I told her that I could pick up the letter on Friday. I checked my credit report and Midland has purchased a charged off CC acct. from Bank of America. The statute of limitations should have expired (3 yrs.) to collect. How should I handle this, pick up the letter?...Then what???
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Answers (1)
David Alexander Phipps
This attorney is licensed in California.
Posted about 1 year ago.
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Picking up the summons is best. You could avoid service, but that would probably gain nothing but a delay. The plaintiff could probably find you if they want to go to the trouble. The risk is that the plaintiff might falsely claim that good service of process was accomplished. Then you would need to defend yourself against a default judgment.
Then what. Answer the complaint. Have an attorney do it unless this is a small claims type case. If you are going to do it yourself, make sure that your answer includes your claim that the statute of limitations has run. That is critical because the statute of limitations is an affirmative defense. Affirmative defenses are defenses that are lost if not raised at the earliest opportunity, usually in the answer. This answer must not be relied on as legal advice for the reasons posted here: http://mcgyverdisclaimer.blogspot.com . And I am not your attorney. David |
