Legal Question in Credit and Debt Law in California

Third party suing

I just been served with a summon to appear for breach of contract with a company that i never heard of before, i looked them up on line , they are a purchaser of unsecure consumer assets. I do have CC debts but i think the 4 year statute already passed.

No other info provided in the summon.

I am in Ca, they are on the east cost, but they have a local lawyer representing them.

Thanks for your help.


Asked on 9/13/06, 11:02 pm

3 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Third party suing

If you see this through with an attorney, there's a good chance they'll pack up and stop bothering you. Often, credit card companies will sell their list of delinquent debtors, but not have any backup paperwork. A good lawyer will demand all documents and, when they are not produced, move to dismiss the case for lack of evidence. Please let me know if I could help.

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Answered on 9/13/06, 11:20 pm
Larry Rothman Larry Rothman & Associates

Re: Third party suing

The running of a four year statute is a defense to that action. In addition, you may have a claim against the Plaintiff under the Fair Debt Collection Act. Please contact me if you need any assistance.

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Answered on 9/15/06, 8:26 am
Samuel Lovely Law Office of Samuel Lovely

Re: Third party suing

You should have a lawyer file an objection (demurrer) to the lawsuit. Suits with statute of limitation and assignment issues can often be resolved with proper action at the outset.

My rates are very reasonable and I am available for a free consultation.

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Answered on 9/14/06, 3:11 pm


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