Attorney Letter with Interrogatory Questions Attached

merita0511 · #1 11-08-2008, 08:28 AM

My question involves collection proceedings in the State of: FL

Hello,

Yesterday I received a letter from an attorney in Florida for credit card debt. The letter has my maiden name on it so I know that this debt has to be atleast 7 years old. It does not state the name of the credit card only NCO Portfolio Management, Inc. nor does it include the amount owed. It includes interrogatories and I am very worried as I am a stay-at-home mom. I do not know what to do:

should I call them to find out when this debt is from and the name of the credit card company?
should I answer the questions?

Does the SOL start over when it is sold to a third party?

I am just so confused as this has to be from a long time ago and not sure why they are attempting to collect now.

Any suggestions would be appreciated.

jk · #2 11-08-2008, 09:15 AM

Quote:

should I call them to find out when this debt is from and the name of the credit card company?

are you unaware of a credit card you skipped out on? Most folks know who they owe money to.

Quote:

should I answer the questions?

have you been sued yet? If not, you do not need answer anything until such time the courts are involved.

Quote:

Does the SOL start over when it is sold to a third party?

No

Quote:

I am just so confused as this has to be from a long time ago and not sure why they are attempting to collect now.

because, according to their records, you owe somebody and that is what they do.

are you saying you have never been sent collections letters from some credit card company you failed to pay?

merita0511 · #3 11-08-2008, 10:39 AM

I do know that when I was 19 I skipped out on paying some credit cards but have not heard anything from the companies (which I don't even recall the names) for many years. Is the interrogatory questions part of being sued? I haven't been served with anything but I do not know what to do at this point. The form has very personal questions ranging from: checking account number to do I own a home.
Should I send them a letter to get the company name and address?

jk · #4 11-08-2008, 04:28 PM

it is generally part of a lawsuit and is an attempt to verify information used in collecting debts after a judgement.

Don't do anything...yet. I do not have the time at the moment to research anything but some stateas allow a reset of the SoL for some quite innocuous actions.

I'll be back or hopefully someone with knowledge will post as well.

divemedic · #5 11-09-2008, 08:00 PM

Florida does not reset the SOL for sending a dispute letter. Send them a dispute letter and demand to know what the debt is for, who the original creditor is, and how they calculated the amount due. Admit to nothing, do not call them, and do not promise to pay them a dime (A promise to pay or even paying them a cent WILL reset or toll the SOL in Florida)

Betty3 · #6 11-09-2008, 11:20 PM

Agree that the SOL does not restart when the debt is sold to a third party or if a dispute letter is sent.

However, in Fl. the clock resets if you make a payment, transfer a debt balance to a new credit card or declare in writing that you will repay the debt. I would be careful not to even verbally acknowledge the debt or agree to any payment.

merita0511 · #7 11-10-2008, 05:06 PM

So should I just ignore the letter and questions from the lawyer? I am very afraid of doing that as I have never been in trouble with the law and definitely don't want to start now at the age of 30. Should I call the law office and atleast find out the name of the credit card company and when this is from? Any info. would be greatly appreciated and thank you.

Betty3 · #8 11-11-2008, 12:34 AM

Why don't you *send* a dispute letter as suggested by divemedic - that will not restart the SOL. (Just don't admit to the debt or offer to make a payment.) If you want, you can send the letter certified mail, return receipt requested.

merita0511 · #9 11-11-2008, 08:37 AM

Hello,

I actually had missed the post by divemedic. I am going to go ahead and send it certified mail with return receipt. I will tell you that the letter at the bottom reads "If you fail to return the required items, we will then be entitled to file a motion for sanctions and motion to compel." Can someone explain what this means in plain english? Are they just going to go ahead and sue me because I am not returning the interrogatory questions and having it notarized? Thank you.

Mr. Knowitall · #10 11-11-2008, 08:40 AM

Quoting merita0511

I will tell you that the letter at the bottom reads "If you fail to return the required items, we will then be entitled to file a motion for sanctions and motion to compel." Can someone explain what this means in plain english?

It sounds like there is a pending collections lawsuit against you, and that this is formal discovery served upon you as part of that lawsuit. If you have been sued you should be sure to answer the complaint raising any affirmative defenses you believe apply (including the statute of limitations), appear in court as required, and cooperate with any discovery properly conducted by the plaintiff.