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  1. #1
    Join Date
    Aug 2007
    Posts
    2

    Default Sued for Old Credit Card Debt in Florida

    I have lived in Florida 17+ yrs. Asset Acceptance bought an old debt, last payment was 11/2001, was no contact since. They are sueing me for 3000+court and legal expense. I have looked into this a bit and the SOL is 4 years in FL. What I have done so far is sent them a letter saying I planned to appear and declare the SOL and I did not acknowledge this debt. They responded with a very lame attempt to validate, basically it was no information at all. I am on a limited income and would prefer to do this without an attorney. I think I can make a good presentation at the court, but I am still nervous about it (they are trying to scare people, use fear) espesiially about not knowing all the correct legal lingo, exactly what to say and do. Will I be allright to go by myself and say "I plead absolute defense for the debt is beyond the Statute of Limitations"? Do I need to take in copies of statutes and laws?? I am taking my credit report. I don't know how to really prove my last payment was 11/01, do I have to?
    Thanks for reading this, I appreciate your forum.

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Sued for Old Credit Card Debt in Florida

    There's "debate" in Fl. whether a credit card (unless it's a store card) is an open acct. or written contract. However; since your last payment was 11-2001, the SOL would have elapsed for both. You can go to court by yourself if you feel comfortable doing so & raise the SOL has expired defense. Does your credit report show the last payment as 11-2001?

  3. #3
    Join Date
    Aug 2007
    Posts
    2

    Default Re: Sued for Old Credit Card Debt in Florida

    No there is no information in it about that. I did talk to the original creditor and got the person's name telling me 11/01 was last payment but that's about all the proof I have except if you take the "date this information will be removed" part of an old credit report I have and subtract 7 years from it. I am paying truecredit.com for 24/7 monitoring now and this is about all I have. Thanks for the reply.

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