[boothmc]

My question involves collection proceedings in the State of: Florida

I was just served papers.

The complant which was filed is alleging that I charged up a credit card up close to $8000. I have never heard of the credit card nor ever recieved any demand for money. I have never been late on a card nor is this my card.

I called the law firm and they seemed to imply it is a mistake, since the last for digits of the SS# associated to the acct are not mine. They told me not to worry about it and they would send me a letter in a couple days. This is not very reassuring.

I am not one to wait and see what happens.

I pulled a credit report and there is no mention of this on any of my credit reports. I have already written a response to all of the complaints and counts and will be mailing it to the county clerk and law firm next week.

I have been fairly stressed over this...

Is this a common thing for a law firm to do? file a suit with no research whether it is the correct person?

What normally happens in a situation like this?

Is there any thing I need to look out for? How do obtain copies of the debt records?

Can I file a motion to dismiss the case? How?

Should I hire a lawyer? Would I be able to have the costs associated with defending the case paid for?

Thank you so much for you time.

[cyjeff]

You say you are not one to sit and wait.

Unfortunately, that is your best course of action (inaction?) right now.

[boothmc]

Should I file a motion to dismiss? How do I do that?

[aaron]

Do not default on the suit. If the creditor agrees to dismiss the suit within the next few days, confirmed in writing, or even better actually dismisses the suit, great. But if that does not happen and you don't have written confirmation that the creditor is not going to seek a default, make sure you answer the complaint by the deadline described on the summons.