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Credit Card Debt Collection issues with overdue or defaulted credit card debt.

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Old 06-25-2009, 07:44 PM
gelpo gelpo is offline
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Default Statute of Limitations in Florida
in florida i had a suit for an old credit card debt(2002)last activity.P filed in 2006 and when they say they could not serve me when court was going to dismiss but then they did some kind of show cause and the court reopened the case. The first i became aware of all this was march 2009.
I have lived in palm beach county continuosly since 2004.Have had an account with FP&l had cable and sat. registered a new car.registered to vote, and always had a forwarding adress with post office when I moved.
My questions are:
1.Can I challange their claim that I avoided service at trail
2.What sort of evidence shouldd I bring
3.When the judge extended the SOL for P is that then an forever extension(its been over 2 years sine the extension).they have gone as long a 8 months between attempts.
4.What do i need to do at trail since the judge has dismissed my motion to dismiss.I did not know at the time all the facts i know now .simply asked for a disssmissle based on 2002-2009 time period.
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Old 06-28-2009, 08:23 AM
Mr. Knowitall Mr. Knowitall is offline
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Default Re: Statute of Limitations in Florida
1. Did you avoid service? How do they contend that they tried to serve you? What did the court order them to do in terms of substituted service? Did they do it? Why wasn't it effective?

2. What evidence do you have?

3. I have no idea what you're talking about. Didn't you just tell us that they served you through substituted service back in 2006?

4. We can't read your motion from here, nor can we review the judge's ruling. But if you're stating that you brought this issue before a court some time in the past and the court found that you were served, you're probably going to have to live with that ruling. If that's what happened, take a copy of the court file to a lawyer for a consultation.
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Old 06-28-2009, 12:39 PM
gelpo gelpo is offline
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Default Re: Statute of Limitations in Florida
Quoting Mr. Knowitall
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1. Did you avoid service? How do they contend that they tried to serve you? What did the court order them to do in terms of substituted service? Did they do it? Why wasn't it effective?

2. What evidence do you have?

3. I have no idea what you're talking about. Didn't you just tell us that they served you through substituted service back in 2006?

4. We can't read your motion from here, nor can we review the judge's ruling. But if you're stating that you brought this issue before a court some time in the past and the court found that you were served, you're probably going to have to live with that ruling. If that's what happened, take a copy of the court file to a lawyer for a consultation.
sorry I was not clear.
1.I was never served and they don't claim I was. They filled in 96 and approx 6 months later when the court was going to dismiss the clain due to lack of service and SOL they applied for an extension and it was granted. I do not know what they claimed other than I was avoiding service.
2.I was not served until Mar 09
3.I have nummerous items to show my address was easily found.Includding a credit report from 07 which every address and the date it was reported.
4.I believe tthey did not make a real effort to find me. I registered to vote,registered a car,had a power company account and numerous other plus always having a forwarding address with PO hen I moved.
5.My real concern is the judges extension back in 96 how long can it be good for and can I have it overturned if I show I did nothing to avoid sevice and they did not make much of an effort to locate me.
Thank you for your response
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