Legal Question in Credit and Debt Law in Michigan
Sued over money by family
I am being sued by a family member over money, and I am living in another state. The debt may be accurate, but since I have had no contact for years, I do not know the full details. How do I deal with the difference in location (which state do I need to find a lawyer?) What does it mean when I have to give a ''response'' in 30 days (how far along do I have to be in the process before they go ahead without me?) Can we negotiate if the debt is accurate since it is family? What is the best plan of action for me (this is my first time dealing with anything like this)?
1 Answer from Attorneys
Re: Sued over money by family
Sounds as though you have been served with a summons and complaint for moneys due and owing on some old debt.
Read the summons carefully: it will tell you what you have to do to respond appropriately. The date it is due is really important, don't miscalculate.
You need a lawyer in the state you are being sued in.
What you don't relate is how old the debt is. There are statutes of limitation which prevent people from suing on debts that are too old.
In WA, with nothing in writing, the SOL is three years; with a writing, it is six years. Although a brand new supreme court decision may have just thrown a monkey wrench into that statement.
You have a time period to gather your thoughts and possibly lawyer up; after that they will, as you say, go ahead without you.
Your best plan is to figure out where you are being sued and talk to a lawyer there and show them the papers you have been served with.
Hope this helps. Powell
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