Can an out of state laywer help me in a credit card debt summons to court?
453752
Is she licensed to practice law in California?  If not she may be able to recommend someone there to you.
467151
The debt may be charged off but they will still be looking for you.  The debt was probably sold to a collection agency.  \n\nWord of advice, once you come back and start seeking new credit, it will flag your credit history with your new address.  Once the collection agencies get hold of it, they will come looking for you.  So take whatever precautions you can.\n\nI can't give you much information on the Statute of Limitations, and how it will effect you.  Most states have certain clauses related to people who leave and come back to the state, or bring their debts from another state.  I don't know what your situation is, so you need to investigate this also.  Restarting the SOL could add more years to your legal liability.\n\nCheck out the link below for info on this.
372354
The statute of limitations for each state is readilly available on the internet with a simple search.\n\nAttory Generals are not in the business of giving individuals legal advice.\n\nSo what is your problem here?  If the \nSOL has run out, you need to go back to court and get the judgement appealed and overturned.  Until that time the creditor can continue to garnish your wages.
164487
Yes, if the debts have not been made within 2 months prior to filing. Judges really frown on getting loans and then filing for BK up to 2 months later.
559326
CONTACT THE COURT AND THEY CAN DIRECT YOU FROM THERE
1182842
ask a laywer that works in California
687367
Small claims court depending on the amount of the bill. You could also send the bill to collections.
392496
Go to court house and ask for deparment that handles foreclosures, they can help you.
697577
If there was a lien legally placed against your account, you probably can't get the money already taken back.  But you can try to, by asking the bank for a form to challenge an unauthorized transaction to your account--just tell a teller at the bank that there is an unauthorized withdrawal from your account, that the creditor claims to have a judgment, but that you have never been notified of it.  It is rare, but it does occasionally happen, that a creditor will lie about having a legal lien.  If the bank won't help you with this, you can stop future garnishments, at least for awhile, by getting a new bank account, preferably at a new bank.  \n\nYou can avoid people finding out your bank account numbers by not using checks to pay bills.  The creditor uses the information from your checks to obtain the lien.  Use money orders or travelers checks to pay bills instead.  \n\nIf you get a new account, and it is later garnished, you may have to stop keeping your money in the bank, as unpleasant as that would be.  \n\nI helped a friend with a similar problem recently.  Be sure not to give out your banking information to anybody.  Best wishes getting this straightened out.
256440
If you are out of the country, you won't get sued because whoever holds the debt won't be able to serve you with process.  Debt collectors are pretty aggressive and do sue, thereby forcing people into bankruptcy.  I am not aware of credit card holders yet trying to sue out of the country (extra-territorially).  \n\nBut if you return, a lot of post-default interest will have accrued and certainly you will find it very difficult to pay this debt.  In that case, bankruptcy would be your only solution unless you could negotiate some sort of lump sum settlement.
891035
You should file an answer with the court that argues that the Statute of Limitations expired on 7/14/2006 and therefore the lawsuit is barred/not timely.\n\nYes, you have a chance of getting it dismissed.   The date of last activity should start the clock ticking on the 6 year term.\n\nWas the credit card issued while you were in Michigan?\n\nEdit: If the amount is significant I would highly recommend you get legal advice from an attorney in Michigan.\n\nBTW, when you made your last payment on 7/14/00 did that bring your account current or were you still behind at that point?\n\nFollowup:\nYou should stick with the story that you've had Indiana as a residence the entire 6+ years.  \n\nIf you were overlimit as of the time you made the last payment you have a stronger story that it was not only the date of last activity but you had been in default on your credit card agreement for some time prior to that.\n\nI would again urge you if it is a large sum of money to find an attorney to provide you with legal advice so you don't get run over in court.   Most attorneys will give you a free consultation.\n\nDo not admit to the debt being yours.  Make them prove everything.  Deny that they are entitled to late charges, interest, attorneys fees, collection costs, everything.  If you don't challenge something the court will take it to be true.  Deny that the amount owed is correct, make them produce copies of your statements showing the charges.  Make them produce your original, signed account agreement.   Deny, deny, deny.  \n\nIs the original bank suing you or is this some collection agency that purchase the written off debt?  If it isn't the original bank there is a good chance they can't prove anything and are just hoping you don't show up in court.\n\nDo not agree to any delays.  It is common when a collector goes to court they are hoping for a default judgment and when you show up they ask for a delay.  Insist that you came to court prepared and the other side should have as well.
292908
CHECK WITH COURT.  WITHOUT KNOWING WHAT STATE, CAN'T HELP YOU.
882079
Small claims courts are courts of limited jurisdiction. I have not known one in which you could bring an action out of state (or, in England, out of England and Wales).\n\nYou might be able to bring an action against an out-of-state (etc.) firm if it solicits business in your state. There are Supreme Court decisions on what constitutes fairness in jurisdiction (International Shoe and Asahi Metal Industries are the leading cases, you could find them at http://justia.us )\n\nDoing business on eBay almost certainly isn't enough to justify bringing them into court in your state. If you paid by PayPal then your eBay protection is $1,000 (less $25 fee). If you paid by PayPal with an American Express card there is even more protection.\n\nBear in mind that to get help from eBay you have to meet strict deadlines. http://pages.ebay.com/help/tp/using-dispute-console.html \n\nYou can sue the seller in his own state, but the seller may well harass you -- if he's far away -- by seeking delays and postponements if allowed under the rules.
924103
They can get a judgement but I seriously doubt they want to go through the hassle for such a small debt. Even if they could garnish wages, which I don't think they can for credit card debt, they won't even get what your minimum monthly payment would be if you can prove all of your money goes to neccessary bills and living expenses. See if you can negiotiate a settlement with the credit card company that will save you both time, money and headaches if not just send them something every month and they can't say you are not paying down your debt.\nGood Luck
79400
Call the credit card company for advice.
213518
Depends on a fewthings. How much the debt is for, where the transaction too place, type of credit agreement/contract.\n\nWould take too long to describe all options here.  But in a nutshell, if it's a small debt under $5000 they will sue you in Small Claims Court.  Do a search on the web for details on how they work in your state/county.  They are all a little differant.\n\nWhat concerns me is you mention an attorney is on the case. That implies the debt is big, over $5000.  Then you will be sued in District court, which is a lot more involved and will require you get get an attorney.  If you lose, you will be paying court costs, which also increase in District Court.  \n\nGood luck.\nIf you need more specific answer or encouragement write me. I am not an attorney or credit counsoler, just someone who has been down that road and have counseled many others.\n\nStudly
202012
There are credit collection agents who like to scare people into paying by forging legal documents such as a summons, and mailing them to you.  Sometimes it's accompanies by a letter saying somewhere that "...if we do not receive our money we will file this summons with the court...."...that sort of nonsense.\n\nIf the summons is legit, and the court clerk failed to write a court date, then you have a wide open loophole for an appeal.  Whether you show up or not is up to you.\n\nHow was the summons served?  Depending on the state you live in, it must be served by a court clerk, an uninterested adult (a process server), or mailed by certified mail/restricted delivery.  Mailing it by regular first class mail does not constitute a legal service.  You can simply inform the judge of this and your case will be tossed out (but they can file it again...more cost on their part).\n\nNow, lets say this is a fake document. You called the court and they informed you there is no such case.  Can you say "cha-ching"?  Contact a lawyer.  These people have broken a number of laws.\n\nForging court papers, fraud, violation of the Fair Credit Collections Act, just to name a few.\n\nIf everything turns out legit, don't panic.  Just appear in court with whatever documents you have.  If the debt is legit, and you think you will lose your case, come with documents supporting your income, and ask the judge to order a payment plan that you can afford.  Otherwise the creditor can garnish your wages,seize your property, or make your life miserable.\n\nYou may want to contact the credit company and try to work out some kind of payment plan, in exchange for them dropping the negative report on your records. If they refuse just accept the judgement, since your credit is ruined anyway.\n\nGood luck