Law School Discussion

Terrible Business Actions

Terrible Business Actions
« on: January 25, 2013, 06:43:34 PM »
Hello fellow students seeking or having received a degree. Today I was baffled by what has went down.

A lady came too a friends doorbell and handed him a paper stating that he was being sued for debt from a credit card he quit using in 2010. Now the thing that is baffling me is that the issued date for this summons was August 24th 2012. Now the stamps on this paper as well say they expired Dec 30, 2012.

My friend wants to get a lawyer on this to see whats what and try and go for a settlement, but I, though only recently getting into law, do not believe it to be needed as this seems like a big scam. This summons was last year, and he just now received it on the 25th of jan, 2013. Should he seek further help, or should he ignore it?

Thank you,
Fellow law lover!

Re: Terrible Business Actions
« Reply #1 on: January 26, 2013, 02:04:00 PM »
If it was an official summons then go to court and fight it. If you lose you lose and pay, but until a judgement is entered you don't owe anything.

Furthermore, it really depends on how much he owes if this is a small claims action then he should just show up and argue it himself no need for a lawyer there. If this is a 100,000 credit card bill then he should get a lawyer.

If the card expired in 2010 the statute of limitations might have expired or they may not have. Some states have a 4 year limit others one I don't really know. I would say if the summons is a small claims form no need for a lawyer if it is a civil action for more than 10,000 talk to a lawyer.

Your friend can use sites like , your state bar, or a local bar association to find an attorney.