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Question
My wife was served a summons Nov. 9, 2007 on a medical debt of $447 occurring on Oct. 28, 2001. The suit was filed at the court August. 17, 2007. This is the only communication we have ever received on this debt, no bill from OC, no letter from collection agency. We do not know the OC or remember seeking medical help in 2001 and have at the same address since then in Las Vegas, Nevada.
The longest statue of limitations in Nevada is written contracts being 6 years. Is this kind of debt considered a written contract and based on dates provided is it still within the time frame that they can try to collect ? And, most importantly how do we respond to this summons properly, what to put in the letter, notary needed, ect. ??
thank you very much for your help, we have 20 days to answer the summons. Keith
This type of debt is a written contract and the SOL begins the date the charges were incurred. You may dispute the validity of the debt within 30 days of the first notification, however since you have received the summons you want to file an answer informing the court that your rights may have been violated due to lack of sufficient notice prior to the suit being filed. Ask the courts to dismiss the case on this basis. If the suit is dismissed they will probably refile after giving you proper notice.
ANother option would be to negotiate with the attorney or creditor before a judgment is rendered. Offer a lump sum settlement or payment plan. This may result in a dismissal as well.
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Answers by Expert:
Michael Brotherton
Expertise
Consumer/Debtor Rights Advocate. Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years. Mike is well versed in Loss Mitigation practices and the legal collection process. He has helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com. FinancialEmergency.com is a consumer web site which actively promotes Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY. Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be. Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems. www.financialemergency.com (copy and paste in browser).
Experience
Over 40 years combined experience negotiating disputes and resolving financial issues related to consumer debt, corporate issues and mortgage modifications.
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