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Expert: John Hall - 7/22/2006


Question
Okay back in 2000 I feel behind on my credit card payments, after all the fees and everything I finally gave up trying. Well now 6 yrs. later I have a past creditor, I received a phone call today from an attorney that they were going to send me a summons for $1,700.00 dollars when my credit limit was only $800. But the statue of limitations states that they have 3 yrs. in South carolina to file (summons/lawsuit) if after 3 yrs. they can file but I can dismiss it in court?
I talked to her on the phone, I told her to send me a bill, she refused she wanted a payment plan, I told her I had to be to work in 5 mins that I didn't have time that I would contact them on Monday morning, she got mad when I refused to give her my cell phone number, she said I was still refusing to pay and that she would file the paperwork and see me in court and then hung up!!!
So out of all that, is there anything she can do, (at the most file a summons) and if she does I can have it dismissed in court since this account hasn't been paid on in 6 yrs. or so now?
If this is true, how should I bring it to the attention of the judge? I've NEVER been threatened like this before, Thanks for any advice you can give me.  

Answer
This would be easier to talk about on the phone.   will not charge you just to talk on the phone and we could discuss this in more detail.    214  779-3427


If you call me on the phone I can explain how you can raise the issues re Statute of Limitations and any other defenses you may have to this, and how you can, as you put it, "bring it to the attention of the judge."  

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John Hall

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Law school graduate, Juris Doctorate (J.D.) Degree; Over 25 years of experience throughout the United States in bankruptcy law matters (Chapters 7, 11, and 13 of the United States Bankruptcy Code) primarily representing individual debtors with consumer debt or small businesses; Experience has included all aspects of debtor/creditor relations.

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FREE BANKRUPTCY HELP. If you are being sued, if your home is being foreclosed, or if you are being harassed by bill collectors, filing for bankruptcy may be a quick and inexpensive solution.. The mere filing of a bankruptcy will operate as a federal court order (it is called an automatic stay) to stop all bill collection efforts, including lawsuits that are pending or ongoing. Bankruptcy is a legitimate way to meet your problems with debt head-on. The bankruptcy law is designed to give you a second chance to make a new start without the psychological and financial burden of pressing debts that you are unable to pay. Depending on what state you live in and what your assets are, it is very unlikely that you are going to have to lose anything if you file for bankruptcy, and this is something that you can do immediately without having to pay the $500 to $1,500 attorney fees that most attorneys charge. Also, you might be surprised that you can file for bankruptcy and that it will not have the devastating effect on your credit that most bill collectors describe. Life is too short to have all this anxiety over losing your car through repossession, getting evicted from your home, or losing your home through foreclosure. Bankruptcy law was designed to give you a second chance. I will not charge you just to talk on the phone. Call me at 432 853-5711, or send me an email at j_h14@hotmail.com with your telephone number, and I will call you back.

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