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  1. #1
    Join Date
    Nov 2007
    Posts
    127

    Default Credit Card Debt Past the Statute of Limitations

    earlier i posted i was being sued for a old cc debt past the satute of limitations here in florida, i went to legal aid, and they filed a motion to dismiss, we went to pre trial, where i was among about 100 others being sued by about 5 lawyers for cc debt. the judge states that the clerk will call us one by one, and ask if we admit to debt or deny it. IF you admit to debt you are to go into the hallway with the attorney and try to work out agreement, he stated IF you work out agreement and dont pay he will sign a judgment. also IF you deny you owe the debt he will meet us in chambers to discuss a trial date, of the 100 there about 90 admitted owing the debt, 10 denied owing debt. while waiting the legal aid lawyer was handing out pamplets and offering assistance to anyone. but i was the only one there with representation. when our turn to go to chambers, he looked at motion to dismiss (which i will post later) and asked cc attorney if there was any reason he shouldnt grant the dismissal, the attorney asked for more time, which the judge gave him 20 days to come up with info my attorney requested. the next day the case was closed. my attorney didnt even raise the statute of limitations as primary defense, she had a few other defenses. my attorney said they do this a couple of times a month, the major junk debt buyers hire local attorneys with little knowledge of the cases to represent them, and they are from all over, my plaintiff was unifund, which is in coral gables florida way south, and i am in north florida. and many have valid defenses that they dont at least try to use. the major thing is DONT admit the debt to the judge or its over. i will post some of the points of the plaintiffs suit and my attornys defenses.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How My Case Went In Florida

    If that's what they're doing - passing a stack of files to a lawyer who has no particular familiarity with any given case - there probably are a number of cases which they lose simply as a result of that lack of familiarity. They are unlikely to be prepared to answer questions from the court, or address the specifics of defenses raised on any particular file.

  3. #3
    Join Date
    Nov 2007
    Posts
    127

    Default Florida Cc Case, Plaintiffs And My Response

    here are some of the points of cc suing me, and my attorneys response, maybe it will help someone else
    count 1
    defendant breached the agreement by failing to pay the sums of money due in accordance with the terms and conditions of that contract.
    defendant owes plaintiff the principal sum of 4100 plus interest, attorneys fees and cost as a result of defendants failure to abide by the terms and conditions of the written/credit agreement entered into between the original creditor and defendant
    demand for payment has been made
    the credit agreement entered into by the defendant provides for attorneys fees if lkthe original creditor or its assignee is required to pursue litigation to collect on this debt.
    plaintiff has retained the undersigned attorneys for representation in these proceedings and is obligated to pay its attorneys a reasonable fee for services rendered.
    count 2
    the defendant received a financial benefit, which was in fact appreciated by the defendant, the defendant accepted the financial benefit.
    by virtue of the circumstances surrounding the use of the credit card, the defendant knowingly requested the funds in issue and/or knowingly and voluntarily accepted the benefits bestowed.
    it would be inequitable for this court to allow the defendant to retain the befefits or to be unjustly enriched at the expense of the plaintiff or allow the defendant to retain the value of the funds in issue without repaying the plaintiff the value of same.
    attorneys response motions to dismiss plaintiffs statement of claim
    defendant moves this court, pursuant to rules 7.050 and 7.090(c)fla.sm.cl.r. to dismiss plainfitts statement of claim for failure to state a cause of action. in support of the motion, defendant states.
    1.defendant moves to dismiss count one of statement of claim because it fails to state a cause of action. in count one plaintiff seeks damages for defendants purported breach of contract. plaintiff failed to attach the signed credit card application, request or agreement executed by defendant in violation of rule 7.050.fla.sm.cl.r
    2. plaintiffs statement of claim fails to state facts essential to a cause of action for a credit card or other contractual debt, including the date of alleged contract, dates and amounts of alleged charges, fees or other debts incurred under the contract and the date of the alleged payment default, and fails to allege compliance with 15.u.s.c.1642 15 u.s.c. 1637(a) 15 u.s.c. 1637 (b)
    3 the statement of claim alleges the plaintiff is owner and holder of debt pursuant to an assignment agreement from the original creditor. however no evidence of assignment is provided. the statement of claim should be dismissed because there is no showing the plaintiff is real party in interest.
    4. the unjust enrichment claim is founded upon the legal fiction that a contract should be implied in absence of a written contract. this fiction amy not be maintained and the law will not imply a contract where an express contract exists concerning the same subject matter.
    defendant specifically reserves his defenses and counterclaims, including but not limited to the statute of limitations, untill after this motion is resolved.
    thats for the most part the defense, hope it helps someone in florida up against junk debt buyers,

  4. #4
    Join Date
    Nov 2007
    Posts
    9

    Default Re: How My Case Went In Florida

    So Junker your saying even if I owe the debt, still deny the debt when the judge ask? I can't afford someone to represent me.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: How My Case Went In Florida

    Nobody here is going to tell you to lie in court.

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