Legal Question in Credit and Debt Law in California
Debt collector suing me on behalf of PMI in Los Angeles. Suit filed on 1/14/14. My sister is also being sued in Maryland by different debt collector for the same debt at about the same time. I co-signed promissory note from PMI with my sister in April 2010. Payment supposed to start in August 2010. My sister told me she was paying but never made any payment. I haven't been properly served. Server left summons on 2/26/14 outside the house where I used to live (where my ex-husband now lives). He found it at his doorstep. My ex-husband and I don't talk. I found out what happened through his neighbor. What should my sister and I do in this situation? When does statute of limitation start & end in this case? If SOL is about to expire, can we argue that in Court?
2 Answers from Attorneys
Once the lawsuit is filed within the time allowed, the statute of limitations is satisfied and the issue goes away. There are then new time limits for serving and proceeding with the case, but the time limit for serving defendants is a "soft" limit, and the limits that would get a case thrown out are three and five years away. What your sister and you should do is pay the debt, or look into bankruptcy if necessary, unless for some reason you dispute that the debt is owed.
You can not ignore that the plaintiff thinks that they have valid service. I find it odd that odd that there are 2 lawsuits for the same debt. I would suggest that you hire an attorney to represent you. They can verify the statue of limitations, make sure the amount you are being sued for is correct and try to settle the case for you. If you have further questions please feel free to call me at 818 345-0123
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
