Need some help!

[astro98]

What is the name of your state? Florida I recieved a summons today to be in court on the 25th of May for an old debt with Gateway. The debt is at least 5 years old. Do I need to send a validation letter to this attorney or what do I need to do? I've never heard of these people before and just got the summons today. I know I have to appear in court but not sure what I need to do before then. I'd appreciate any help offered.

[Ladynred]

You need to find out EXACTLY when the last payment on the debt was made. SOL on written contracts in FL is 5 years, so its very important to know just how long it HAS been. Pull your credit reports, go thru your records, but find out. IF the SOL has expired (would have to have defaulted before May 2000), then you have an affirmative defense to use to fight the lawsuit. If its been less than that, then you have to decide whether or not you want to settle or try fighting anyway. Validation at this point would be pretty much a waste of time, now you have to answer the complaint or you lose.

[astro98]

reads as if it were a credit card. I will pull credit reports and go from there. Gateway gives you a line of credit to use to puchase a computer and I was wondering if this is considered a written contract or a credit card. A credit card was issued. I never actually signed a contract of any kind. It was all done over the internet.

[astro98]

It states its a revolving account so is this considered a written or credit card acccount?

[Ladynred]

If its listed as a revolving account, then its an open-ended agreement and is classified as a credit card.

However, the problem in FL is that judges are not buying the 4 year statute on credit cards, they are ruling that credit cards are written contracts and therefore fall under the 5 year SOL. In this case, your safer it you're past the 5 year mark.