Legal Question in Credit and Debt Law in California

Re: Credit card debt lawsuit

Zombie debt (Google the term) rears its ugly head again. The statute of limitations is up. Don't call the attorney or collection agency without consulting a lawyer first. Deal with them, if at all, only in writing. Don't make any payment or promises to pay, you will reset the statute of limitations! Don't give out your bank account information. Don't answer the lawsuit yourself, use an attorney. You must answer within 30 days or default judgment will be entered against you. Good luck!

Re: Credit card debt lawsuit

Thank you for your inquiry. As a consumer, yes, you are entitled to request verification of the obligation. In doing so, I would suggest that you write to whomever has contacted you with respect to collecting the debt (the credit card company, their assignee, a debt collector or attorney). In that correspondence, first state that you dispute the obligation, and that you require the following items to allow you to determine the validity of the obligation: 1. The application for the extension of credit; 2. Any contracts or agreements to which you are a party that establish the basis for the obligations, and any modifications of the terms; 3. The entire account history, including all purchases, cash advances and payments made by you from the date of inception through today's date; 4. Any and all correspondence from any entity attempting to collect the obligation, whether to you or third parties; and 4. Any other documents or records related to the obligation.

Once you have these, you may wish to contact an attorney in your area who specializes in consumer debt obligations. Unfortunately, based upon the zip-code you supplied, our firm does not handle matters in your part of the State. Good luck with this, and please feel free to email back with further questions.

David L. Gibbs

The Gibbs Law Firm, APC

www.gibbslaw.com

[email protected]

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Re: Credit card debt lawsuit

You first need to allege statute of limitations as an affirmative defense and then request via discovery. Contact me directly.