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Need some help on a summons on tolling!!!


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Posted by InfoShawn (68.224.247.177) on April 17, 2004 at 20:27:42:

Hi all:

I just received a summons to file an answer from a CA in state of Utah by Knight Adjustment Bureau. Back in December of 2003 I received a collection letter from Knight Adjustment from an old credit card from a furniture store back in 1997. I found Why Chats web site and sent Knight Adj a validation, formal dispute and a cease and desist on December 30th 2003 by certified mail. 30 days went by still no response from them. I received a phone call from the CA on Feb 16th 2004 saying that they misplaced my validation letter and if I could send them a copy. On Feb 20th I sent them a certified letter stating that it has been 45+ days from the first letter with a copy of the first letter. Today I received the summons, total days 109.

I know this is now way outside the SOL but….. Back in 1998 I moved from Utah to Las Vegas. The summons states:

The defendant moved from the state of Utah thus tolling the statute of limitations pursuant to 78-12-35 Utah Code Ann. Defendant last made a payment on the account on July 31, 1997.

I have not moved back to Utah so can they toll the SOL?

What do I need to do?

Thanks for all your help and I love this web site.



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