Legal Question in Credit and Debt Law in California

Summon for Credit Card debt

Hi, I received the first summon back in March 2008, then I received the 2nd summon sent by another company a couple weeks ago. Apparently, my bad debt account was sold after I have received the 1st summon. The Statute of Limitations of the debt is approaching in a couple months. I had been in and out of jobs and have been unemployed for months. I would like to know if I should file for bankruptcy? or what esle I can do? Thank you.


Asked on 10/24/08, 8:55 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Summon for Credit Card debt

What happened to the first summons and lawsuit? Was the first lawsuit dismissed, and the subsequent one filed for the same debt? Or, is the second lawsuit an entirely different debt? The filing of the lawsuit prior to the expiration of the statute of limitations avoids that defense - in otherwords, if they have filed and proceed to judgment, you cannot use the statute of limitations as a defense to the lawsuit. The question of filing for bankruptcy requires a lot more information to answer. If you are in the southern California area, call my office and we can discuss it.

*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.

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Answered on 10/24/08, 1:57 pm


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