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Got sued on a debt that the sol had passed

by sammy
(maryville tn usa)

I got sued from capital one and the sol had ran out but the lawyer had were they had tried to serve papers on me three times and the server returned the papers saying they could not find me .. they had the wrong address .. that was in 2008 and now it is 2011 .. i was in court yesterday and asked the lawyer to prove that i owed the money .. to make a long story short . do i have to pay because they filed in 2008 but i never heard from them or had parers served on me . the judge gave the lawyer a later date for the lawyer .

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Got sued on a debt that the sol had passed

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Mar 21, 2011
dispute over old debt
by: DebtCollectionAnswers.com

We're sorry but your question is a bit confusing to us. Can you clarify it?

We do have a page that talks about what happens if you are being sued by a debt collector. Perhaps that will help.

Mar 21, 2011
Never Got Served Before The Sol Was Up
by: Anonymous

Capital One has sued me for a old debt .. they tried to serve the warrant on me since 2008 [3] they served me again in 2010 and i got it .. went to court and the judge gave the lawyer another court date .. what should i do?

Mar 22, 2011
Sued over old debt
by: DebtCollectionAnswers.com

Sammy,

The very first thing that we would recommend you do is talk with a consumer law attorney. If the debt was indeed outside the statute of limitations, then the collector may have broken the law by suing you after they had expired. (In some states, they cannot attempt to collect a time-barred debt.) If not, you may still be able to raise the statute of limitations as a defense, and the attorney can either help you do that or perhaps advise you if you decide to represent yourself in court. The creditor will have legal representation - it's in your best interest to at least have a thorough understanding of your rights so you aren't blindsided in court.

You can find a consumer law attorney with experience in debt collection cases through NACA.net.

Do come back and tell us how this goes!

Mar 23, 2011
thanks
by: sammy

i will find a lawyer .. will let you know what happens. again thanks

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