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Defend Yourself! The first thing you need to do if and when you get sued is file an Answer. The summons will tell you that you must appear by way of an Answer in 10, 20 or 30 days, depending on the method of service. PLEASE CHECK THE LAW IN YOUR STATE AS YOU MAY ACTUALLY HAVE TO APPEAR IN COURT, AS IN VIRGINIA, IN ORDER TO AVOID A DEFAULT! You can use the Answer on my website for free if you cannot afford an attorney.
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Defenses There are many potential defensses that anyone can understand. "I do not owe that much!" (deny the amount) "It is not my credit card!" (The card was taken out and I was added as a gaurantor through Fraud so it should not be enforecable against me) (i.e., my husband, wife, son, daughter, etc. took the card out and added my name without my consent, knowledge or permission and I never knew of or used the card!) This article tells you about a very interesting defense that you may be able to assert, depending on the Statute of limitations in the State or credit card lawsuits where you live.
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Statute of Limitations ("SOL") The Statute of Limitations is the time that a Creditor has to use the Courts to enforce a debt through a law suit. If the law suit is not filed within the SOL time frame that is grounds to dismiss the lawsuit without any other defense. The defense must be plead or raised (stated) as an "affirmative defense" which means that you must raise it in your Answer and ultimately prove it or it is waived. (In some States it is considered jurisdictional and cannot be waived, but it should always be raised in your Answer as a defense).
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SOL are State Laws States have different SOL's for different types of actions. E.g., the SOL for credit card debt in California is four (4) years (two (2) if the credit card obligation is not in writing. Texas and Florida have four (4) year SOL's. New York has a six (6) yer SOL for credit card debt, which makes the defense of "borrowing" another States SOL such an important defense.
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Borrowing The defense of borrowing another States presumably shorter SOL arises in cases where a person lived in a State and got a credit card. They subsequently move to another State with a longer SOL and are sued by the same credit card company. The most common use of the defense is by someone who Answers "I got the credit card in the other State and I should be help to that States SOL". Alaways check the SOL of the State where you lived when you got the credit card if being sued!
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Borrowing Extended In the case of Portfolio Recovery Associates, LLC v. King, 14 N.Y.3d 410 (2010) New Yorks highest Court allowed a defendant to assert Delawares shorter SOL even though the New York defendant had never lived in Delaware and was a New York resident when they got the credit card. The Court reasoned that since the harm of the non-payment was suffered in Delaware, the State where the plaintiff, Discover Card, was incorporated, the defendant would be able to use the Delaware SOL instead of the New York SOL and the case was dismissed!