Legal Question in Credit and Debt Law in California

Cc debt
I was mailed a summons from a debt collector. It took some research to
figure out who the original cc even
was. it was from 4-5 years ago.
I was out of town when it came in
the mail and but the date on it. and
it states I was served in person on
10/1. so I need to file a response.
Dont they have to serve me in
person? isnt there something about
me not knowing the creditor.

Asked on 10/14/08, 1:38 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

0 users found helpful

0 attorneys agreed

Re: Cc debt

You can go to court and file a Motion to Quash service of the summons. Doing so will cost you a decent amount of money and time, as you will need to retain an attorney to do so, or spend a great deal of time learning civil procedure and substantative law related to such motions. Even if you get service quashed, or invalidated, you are going to get served at some point, and have to defend the lawsuit on its merits. I'd suggest that you consult with a local attorney, but consider avoiding the expense of messing around with the issue of service, and simply focus on defending the suit you have received. From the sounds of it, the Statute of Limitations may have passed on the credit card company's ability to collect this debt, and that would be one of many defenses I would assert.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Answered on 10/14/08, 1:48 pm

Mark as helpful