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Being sued for old credit card debt

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  • 08-15-2006, 06:04 PM
    xxbigmodelxx
    Being sued for old credit card debt
    I know someone is saying to themselves, "If I only had a dime for every one of these posts."

    I was living in Florida at the time. The account was opened in 09/1999, the last activity was in 10/2000, and the account was closed on 06/2001. I owe about $1500.00
    I now live in Georgia and have since 12/2000.
    So I get a summons out of the blue in June for state court here in GA, by some agency that has bought out my old account.
    So having to reply to the summons, I put that it was my understanding that the SoL for credit card debt had expired in the state of GA.
    Well, received a fat envelope from their attorneys today with the plaintiff's 1st interrogations and requests for admissions.
    Guess I was wrong about the SoL!? Can they sue me in GA using Florida's SoL? I read there was a loop hole in FL's SoL, have I fallen through that loop?
    What I really would like to know is, how am I supposed to respond to this newest thing without the representation of a lawyer. If I can't afford $1500.00 to pay them off, then I sureley can't afford an attorney. Speaking of attorneys, all the ones I have called suggested either a payment plan which the company may not even accept at this point, or bankruptcy, which now that I'm married would ruin my husbands credit.

    Below is the summons and then first interrogatories and requests for admissions.
    summons:
    served june 29,06
    Plaintiff's Complaint
    1. I live where I live and am subject to the venue and jurisdiction of said court
    2. That this is an action for damges that is within the courts jurisdictional limitations
    3. The defendant entered into a written credit agreement with said credit company for the extension of credit
    4. The plaintiff is the owner and holder of the debt pursuant to an assignment agreement fromt he original creditor
    5. That all conditions precedent to the bringing of this action have been met and or waived
    6.The defendant by execution of the application and or by use of the credit card has accepted the terms and conditions of the credit card holder agreement
    7. That defendant caused various charges to be made through the use of said card
    8. Notice as required by the fair debt collection, etc is attached as exhibit A
    Count One Breach Of Contract
    9. The defendant breached the agreement referred to in paragraph 3 by failing to pay the sum of money due in accordance with the terms and conditions of that contract
    10. Plaintiff has made demand upon defendant for payment but defendant still has failed to pay as agreed
    11.The defendant owes plaintiff the principal sum of $1149.73, plus prejudgment and postjudgement interest at the maximum legal rate, reasonable attorney fees, and all court costs etc etc
    12. The credit agreement entered into by the defendant provides for attorneys fees if the plaintiff is required to pursue litigation to collect on this debt
    13. Plaintiff has retained the undersigned attorneys, obligated to pay them and etc.

    I responded to this suumons, by stating that it was my understanding that the SoL in the state of GA had expired for the credit agreement reffered to in the summons, and that I wished this matter dropped. I am smacking my head for not disputing the debt also, but now my 30 days have passed.

    Now the interrogatory stuff

    Int #1 give full name, address, dob, ss# and drivers license #

    Int#2 Please state in detail the factual basis for each and every defense defendant has to this lawsuit

    Request for Admission #1 defendant aknowledges the amount alleged due in plaintiffs complaint is accurate

    Int #3 If I deny the above, state in detail the factual basis for such denial and state the amount which I allege I owe

    Int#4 State the date, amount and method of payment for each and every payment made by defendant to plaintiff

    Request For Admission #2 defendant has never notified plaintiff that defendant disputes validity of the debt

    Int #5 If defendant denies above, state in detail factual basis etc etc

    Int #6 Identify all documents sufficiently to become the basis of a request for production upon which defendant relies in the defense of this action

    Then it is followed by a request for every document known to man in regard to this case.
    Unfortunately I am not legal wise at all and have no idea how to handle ther above. Thanks for reading if you made it this far and sorry for the excessive length.
  • 08-15-2006, 07:19 PM
    Happy Trails
    Re: Being sued for old credit card debt
    When you left Florida this suspended the running of time.

    From Florida statutes:

    Quote:

    95.051 When limitations tolled.--

    (1) The running of the time under any statute of limitations except ss. 95.281, 95.35, and 95.36 is tolled by:

    (a) Absence from the state of the person to be sued.
  • 08-15-2006, 08:13 PM
    xxbigmodelxx
    Re: Being sued for old credit card debt
    Quote:

    Quoting Happy Trails
    View Post
    When you left Florida this suspended the running of time.

    From Florida statutes:

    Yes this is what I was figuring when I received the more recent paperwork. Just doesn't seem right that they can sue me in GA using Fl statutes and such :mad:
  • 08-16-2006, 07:58 AM
    xxbigmodelxx
    Re: Being sued for old credit card debt
    Below is a copy of a response I received on another message board I posted on. Would love to see your thoughts on this response. Thanks



    When you received your summons, your 'answer' should have stated that you were more than willing to start paying on that debt at this time, however you did not know which Collection Agency, if any, had bought the debt so were unable to arrange for these payments.

    Instead you told some attorneys what the law was and they paid no attention to what you said and sent interrogatories which are not the usual procedure prior to a small claims court action.

    First know that both Florida and Georgia have Statutes of Limitations of 4 years on credit card debt, so you DO have the right of an "affirmative defense" that the Statute of Limitations has passed.

    You would do well to contact a consumer rights attorney by using http://www.naca.net just for a consultation to ask how to file your affirmative defense and a motion to dismiss based on the fact that the SOL has passed.

    Meanwhile, just as though you had not received the interrogatories or the original summons, you need to write a letter and fast to the Collection Agency that owns this debt, stating clearly that you were unaware of their name and address and would now like to make arrangements to pay off that debt(give the account number they use for you and details of the debt).

    Before you type the letter, figure out how much you can afford to pay for your first payment (bigger is better here) and then figure out how much you could pay comfortably each month thereafter until the debt is paid off.

    Then in the letter you send you say that you propose to pay the sum of $1500. beginning with the enclosed check for
    $xx.xx (make that amount as much as possible so that they know you are serious about paying it off and more apt to drop the suit).

    Go on to say, on or before the 10th of each month thereafter, beginning (state month, 2006) you agree to send them a check in the amount of $xx.xx and will do so conscientiously until the $1500. is Paid in Full.

    Sign and date the letter and leave a line for them to sign, date it with the words above that line: We hereby acknowledge receipt of $xx.xx from (your name) as payment #1 towards the debt of $1500. for (state details of debt. and agree to monthly payments of $xx.xx hereafter until the debt is paid in full.

    Send the letter Certified Mail-Return Receipt Requested and keep a copy for yourself.

    You will want to place a cover letter on it stating that now you will be paying the debt until it is paid in full you would hope they would instruct their attorneys to dismiss the court case (give case#) now pending.

    When the return receipt comes back to you, attach it to your copy of the letter and whether or not they respond, you have demonstrated that you are now paying the debt, AND you still can use the Affirmative Defense that the SOL has passed and file a Motion to Dismiss yourself. However should THEY file the Motion to Dismiss, that would end your obligation to show up in court and there would be no need for any defense or any filings from you via a naca.net attorney,

    So sending them the check and what amounts to a promissory note is the best possible way to end this situation now and to have an attorney waiting in the wings to file any motions that may be necessary in good time prior to the court date.

    Remember that if the case is not dismissed prior to the Court date, you MUST attend or a judgment will be given to the other side merely because you didn't show up.

    Handling it the way I described is the only method I know to come out on the right side of this and pay off the debt as well.
  • 08-16-2006, 11:01 AM
    Happy Trails
    Re: Being sued for old credit card debt
    Well clearly I don't agree with this:

    Quote:

    First know that both Florida and Georgia have Statutes of Limitations of 4 years on credit card debt, so you DO have the right of an "affirmative defense" that the Statute of Limitations has passed.
    As I mentioned in my prior post that the time that was running was suspended when you left the state (frozen). The creditor has a right to use the SOL under Florida law.

    The rest seems like it could be a reasonable way to handle the debt. Whether or not they will agree.......

    However, I don't see any harm trying to deal with it that way.
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