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#1
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Here we go.....to courtI live in Fla and have successfully been handed a summons to court from a lawyer on behalf of a bank that had been assigned a charge off from the original creditor. I went to see a lawyer and he only told me how to file an answer with the court. I did that and only disputed the amount of the debt. Now I am wondering if the sol isn't up. After getting my credit report it show the date of last activity as 11/96, He filed 12/01. He also include a compute print out with some basic stuff that sais the date of last activity was 2/98. Now He wants me to provide him with proof the amount is incorrect, within 30 days. the reports says 4400 and he is suing for 5200. He has also filed a motion requesting for summary judgement. What do I do now? Do I send a letter to him for validation? can they sue without valdating first? Do I need to file a motion with the court to dismiss because the sol is out, or is it how do I know? Do I just go to court and show the judge the credit report with the 11/96 date? Do I find a real lawyer this time? Any help will be greatly appreciated. |
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#2
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| Lets first take care of the SOL issue. Florida SOL is 4 years for open account and 5 years for written contracts. Since it appears that the filing could be VERY close (11/96 to 12/01), it COULD be very important to establish actual dates. If their claim of 2/98 for last activity is valid, this would eliminate this possible defense. So, to your questions: Q1) "He has also filed a motion requesting for summary judgement. What do I do now?" A1) Request a hearing on his motion. Prepare to argue your reasons for NOT granting the request. This is usually done by showing that you really do have valid issues that would require a trial of fact. Q2) "Do I send a letter to him for validation?" A2) This is something that should have been done LONG ago (before suit). Do it now! But, it will not stop his motion for summary judgment, so you will still need to prepare your response. Q3) "can they sue without valdating first?" A3) Absolutely. The FDCPA validation procedures are for you to request. They have no obligation to provide without your request. Q4) "Do I need to file a motion with the court to dismiss because the sol is out, or is it how do I know?" A4) If the SOL is in fact expired, you can file a Motion for Dismissal (or Summary Judgment) based on that fact. Q5) "Do I just go to court and show the judge the credit report with the 11/96 date?" A5) That could help, but it has to be done within the permissable procedures of the court. You can't just waltz in and say, "Show this to the judge so he can dismiss their case". Q6) "Do I find a real lawyer this time?" A6) If you want any hope of defending yourself against this action, at least talk with an attorney and see what your rights are. Most attorneys offer a low (or no) cost initial consultation.
__________________ There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution). Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport! |
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