Possible Problems with Debt Collection Lawsuit

by Becky
(South Carolina )

I received a Summons and Complaint that was filed in Richland County, South Carolina by a Georgia Lawyer on behalf of Palisades Collection, LLC (junk buyers)on February 11, 2010. I used the case number and checked county records where I found the case was filled on 10/01/2010. Here are the issues the credit card bank named in the summons, I have never had a credit card or any kind of account with, but the amount in question could be an old Chase account I disputed 3 years ago. Here is the rub the statue of limitations would have expired 11/2010, but the suit was filled with the county on 10/2010 (one month short of the sol_. I have been trying to read the SC Code and I think it states that the lawsuit has commenced once it is filled unless service takes more than 120 days which I believe it has and therefore the sol would prevail. Do I need to send a letter to the attorney in Ga and Palisades and request validation and at the same time answer the summons denying the debt and stating the sol? Or do I just answer the summons? Do you think I have a chance with the Sol? I have to answer this in the next week so please hurry with any suggestions.

Comments for Possible Problems with Debt Collection Lawsuit

Click here to add your own comments

Feb 21, 2011
Possible Problems with Debt Collection Lawsuit
by: Debtcollectionanswers.com

Thanks for getting in touch about your problem. However, I am not an attorney nor am I familiar with the laws in South Carolina, so I cannot provide you with specific advice related to your situation. However, I can tell you that you need to respond to the Summons or the plaintiff in the lawsuit will win a default judgment against you. In your response you can indicate the problems with the lawsuit that you've identified.

I would suggest that you get in touch with a consumer law attorney in your area who helps consumers resolve debt collection problems so you can get specific advise about your situation. Find out how to get FREE or low cost legal advice about debt collection from a consumer law attorney here.

Click here to add your own comments

Return to Debt Collection Questions.

Learn how debt collection laws can help you!
This website does not provide legal advice.
All information is for educational purposes only.
Copyright 2007 - 2016 by Mary Reed and Gerri Detweiler.
All rights reserved.