Statute of Limitations

Can I Get the Loan Lawsuit Against Me Reversed Because I Was Never Served?

Written by Steve Rhode


Dear Steve,

Had a company that I took out a loan for (Kabbage). That company went under. I never paid back the loan. I recently (last year but found out 2 months ago) that I was sued. I never received anything stating that I was getting sued. I recently revived a letter from this company and when I inquired they said I was served. again, I never revived a summons for the suite.

What can I do? Can I be sued and not even know about it? Can I go back to court and request the suite be reversed because I was never notified?


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Dear Frank,

Improper service is certainly a reason to go back and attempt to get this suit tossed out. However, I would certainly advise you to talk to an attorney who is licensed in your state and get competent legal advice before you do anything.

And if you do get the suit reversed, then what is the plan for dealing with this debt? And is this debt now past the Statute of Limitations in your state so you could raise that as a defense to deal with a future suit?

There are more remaining questions than answers but the good news is that either a consultation or representation by an attorney licensed in your state should take care of this matter.

One place to look for an attorney is here.

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About the author

Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.


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