Expert: Chris Ebert - 5/7/2010

Question
Hi,
I was mailed a letter saying a process server was trying to serve me for a CA lawsuit on a defaulted discover credit card. The card was defaulted on four years ago this August. Does the statute of limits run out this August? Does the lawsuit change that statute of limits? The letter talked about a remediation option where I could go and they would mediate a settlement. I am out of a job and currently job hunting. My spouse was diagnosed with Alzheimer's four years ago. My now adult (college) sons are keeping us barely afloat while I job hunt.

Can you tell me what options I have?
thanks

Answer
Linda,

First, if you have been sued you will need to answer the lawsuit. If they are trying to serve you then do not dodge service. It sounds like that they sued in time. They have to sue you before the statute of limitations runs out.

I know that this is not what you want to hear right now given your circumstances, but at least consulting with an attorney could save you thousands of dollars and ease your burden on this tremendously. You can find a local consumer attorney at www.naca.net .  I know times are hard but again, I emphasize that it is worth taking the lawsuit papers to an attorney for review.

Chris Ebert
http://www.henleycreditlaw.com/our-services/debt-collector-law-suits/