Re: CC Chargeoff, case open for 3 years?

Posted by lawguy (216.30.212.58) on March 28, 2003 at 09:37:14:

In Reply to: CC Chargeoff, case open for 3 years? posted by Rob on March 28, 2003 at 08:20:51:

You should go to the courthouse and make copies of all the papers in the court's case file.

See if service was ever attempted or completed. While you may not have actually received service, they might have "served" you within the rules. Although I would doubt it because if you were "served" and didn't file an Answer, they most likely would have already gotten a default judgment.

Usually, if service is not completed under the rules within 180 days after filing the complaint, they would have to refile the complaint and serve you again. That rule can vary from state to state though.

Also, filing the complaint can toll the SOL, depending on your state's rules. Sometimes, simply filing the complaint will toll it for some time, and other times service needs to be completed for the tolling to begin. The amount of time that the SOL is tolled will also vary from state to state. You should go to your state legislature's webpage and look up the SOL statutes and see what the tolling provisions are.

If you get the court papers and look up the actual rules, you should have a good idea of where you stand. I wouldn't file anything with the court though until you get a better idea of whats going on, because that might prompt some collection activity.

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