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.