 SOL defense-trial date set
What is the name of your state? Florida
Today my husband went to a pretrial conference for a suit that Asset Acceptance brought against him for an account that is past the SOL of four years. In mediation we used the SOL as our defense and were advised we would have to go to trial. We are to receive the trial date in the mail when it is set. At this point would it be prudent to send a letter (CMRR of course) to Asset stating they have violated FDCPA by filing suit on a time-barred debt and requesting they drop the suit? If we do have to go to trial, what should we know in advance? We have printed out TILA, Florida state Senate website listing of Statutes, and DH's Equifax report that lists the account type as Open/Revolving with last payment of 6/00. What else do we need? Is it worth it to hire legal counsel of our own? The Attorney we met with today only scheduled the trial for thirty minutes in front of the judge.
On a side note, their lawyer met with 17 people and got them to sign settlements during the time we were there (about 3 hours). He was amazed when I started citing TILA and others in our defense. He asked if I had a legal background and seemed geuningly impressed when I told him what I knew about our rights. It is a shame more people don't research their rights, and I thank you all on this board for teaching me what I need to know to help my husband fight this! | 
01-11-2005, 01:26 PM
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