Got Sued

[greendude]

Alright, after months of just staring at my abysmal credit finally we have some action.

Recd a lawsuit notice today from a CA for a charged off credit card, the original amt is $3000.

DOFD is 05/2006, SOL in OR is 6 yrs but (luckily) as of 06/2010 we've moved to WA where its 3 yrs. The lawsuit was filed in OR. The notice was sent to our old OR address which automatically got forwarded to our new WA address by USPS.

The lawsuit though does not talk of it as an open account at all. It uses Breach of Contract and Written Contract language and the SOL in both OR and WA is 6 yrs. Is that normal ?

How should I go about addressing this? I am not in a position to pay anything on this account. Should I tell OR court I am not under their jurisdiction since I live in WA since before the lawsuit was filed (have proof of that) and ask them to refile a lawsuit in WA ?

Should I get a lawyer to represent me or should I attempt a DIY. Have 30 days to file an answer and then ask for a trial date. Shouldn't less than $10,000 be small claims rather than circuit court in OR ?

All advice will be greatly appreciated.

TIA

[Flypilot]

Were you served first? They cannot sue you without serving you correct? I believe they have to serve you in person or get permission from a judge to post it in the news paper for three consecutive days.

I may be wrong... Ask Chane...

I would not hire a lawyer for a $3000 debt. They will cost that much. Go to court and explain to him what you just did to me..... that your wallet was lifted at a casino and the card was used on the internet for multiple purchases. You explained to the CC company that they were not yours but they refused to work with you. You told them you were not making pmts until they corrected your balance. Your Honor, there are fraudulant charges on the card and it is an issue to be resolved between me and the CC company...

Good luck,
Fly

[chane]

Fly, that wouldn't work without a police report.

You may want to call the court or at least talk to a lawyer about moving and SOL. I highly doubt that you can just get out of paying it by moving like that, but honestly, I don't know. It seems like the jurisdiction would be where you acquired the debt.

If it is a real lawsuit and not a threat, then you need to negotiate monthly payments with them, try to settle, try for a pay for delete, or something...it's better to do that than let the judge decide your fate. You definitely want to show up to court if they won't negotiate...don't ever let them get a default judgment on you. They can and will take the money right out of your paycheck/assets, etc.