Being sued in florida

[Tagg511]

What is the name of your state? Florida
I received a summons from an attorney in florida for a car i bought in march 1996 in Ohio.The account went delinquent in 1997 and i moved to florida in 1998.They are stateing that i owe $15,000 which way more than i financed plus interest.Since they filed in a florida court with a florida attorney does the SOL go by florida law or can they go by Ohio laws where i sighned the contract? They also attached a Notice as required by the FDCPA (THE ACT)15 U.S.C. SECTION 1692(g) as amended.He attached Exibit"A" contract but its not a contract,its a notorised letter from an employee of Servicing Solutions,LLC (affidavit of lost or misplaced document) stateing she is familiar with the records of the lender who is the holder of the retail installment contract,the original retail installment contract has been lost or misplaced.
The summons says i have 20 days to file a wriiten response to the court and the attorney.What actions should i take?

 

[bigun]

If they sued in Fl then Fl law applies. Particularly since they have no contract.
I'd suggest you file a general denial and include the SOL as a defense. Ladynred will be along with a good website for filing a defense.
Also, try www.artofcredit.com
They've had some success in filing defenses and counterclaims lately. Start do a search for crowmom. She has some great counterclaims and defenses.

 

[JETX]

If they sued in Fl then Fl law applies.

That is not necessarily true. They can apply any applicable SOL, even if the suit is brought in Florida (as that is where the defendant is located).
You would have to read the contract to see if there is a venue clause (there usually is in a major contract like this), or the creditor can choose the SOL where you are currently living or the one where the contract was entered.

Also, the SOL has very likely NOT tolled as most states allow for it to 'freeze' when you leave the state (Ohio is one, though unlikely that it would be an issue as Ohio's SOL for a written contract is FIFTEEN years).