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I'm being sued by a collection agency

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Dsefton

Junior Member
I currently live in Arkansas I've been here for two years now. In 2007 I started a credit line of $500 with a jewelry company in florida. I was young and dumb and wasn't able to pay any of the bills. Now I'm guessing they sold the debt to a collection agency and they're suing me.

Are they still able to do this with the Statue of limitations being 5 years in florida?
 


HomeGuru

Senior Member
I currently live in Arkansas I've been here for two years now. In 2007 I started a credit line of $500 with a jewelry company in florida. I was young and dumb and wasn't able to pay any of the bills. Now I'm guessing they sold the debt to a collection agency and they're suing me.

Are they still able to do this with the Statue of limitations being 5 years in florida?
**A: on what date did you make your last payment?
 

Jeran

Member
You should answer the lawsuit in writing, and state the statute of limitations has expired as your affirmative defense against the lawsuit. Then it is up to a judge to decide if their lawsuit is time-barred or not.

From what you have stated so far, it sounds to me that the statute of limitations has already expired for that debt. But it is up to you to raise that as your defense against the lawsuit. The courts won't do it automatically.

At least that way you have a chance of winning the lawsuit against them.

But if you sit back and do nothing, they will certainly win a default judgment against you. That is what they are counting on.
 

tranquility

Senior Member
Statutes of limitation law is a lot harder than one would think. Generally, leaving the state "tolls" the statute. But, that is not entirely true. As another said, you need to answer the suit. But, even that could be a problem if you are not being sued in your current state of residence.
 

Jeran

Member
It is certainly worth a try.

If they do nothing, they will most certainly lose.

You don't want them to get a default judgment against you when you might have won.
 

tranquility

Senior Member
It is certainly worth a try.

If they do nothing, they will most certainly lose.

You don't want them to get a default judgment against you when you might have won.
That does not mean an "answer" is appropriate. Does the court the OP is being sued in have personal jurisdiction over him?
 

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