Legal Question in Credit and Debt Law in Missouri

Collection Lawsuit for Old Credit Card Debt

I have received a summons from the Court of St. Charles, MO without information on when and where to send my response. Does anyone know how long I have to send in a response? What might be able to help me win the lawsuit?


Asked on 6/10/08, 1:23 am

2 Answers from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Collection Lawsuit for Old Credit Card Debt

The summons should tell you when you have to appear. It is the appearance that is most important. Do not neglect to appear as this will result in a default judgment against you.

Generally the date is on the summons. If it is not, there should be a case number associated with the summons. You can go to case net and look it up. You can find case net here: https://www.courts.mo.gov/casenet/base/welcome.do

All you need to do is put in your name information and it should display the case. There is a place for docket entries, and that should show when the next appearance is due.

If you have defenses to this claim you need to go get a lawyer to protect your interests. It is not uncommon for these credit card companies on old debts to try to get a judgment when the debt is beyond the five year statute of limitations on some and the ten year on others. If they do get a default judgment, you lose the defenses you have to the claim and wind up paying the judgment and fees. So you need to talk to a lawyer.

Good luck.

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Answered on 6/10/08, 10:49 am
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Collection Lawsuit for Old Credit Card Debt

A summons requires you to personally appear in court or hire an attorney to do so for you, not "send in a response". There are many possible defenses or other legal strategies to minimize your losses. Hire an attorney.

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Answered on 6/11/08, 12:08 am


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