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T

Tagg511

Guest
What is the name of your state? Florida
I received a summons to go to court here in florida from a car i purchased in 1996 in Ohio. The last payment i made was in 1997. I know the sol in ohio is 15 years on a written contract but if they were to by some luck go by floridas id be lucky exept on my credit report it says i was still making payments through 1999. Did the collection company lie to the credit agency for that purpose? What should i do to verify i wasnt making payments?
The lender was located in michigan and i sighned in ohio and now im being sued in florida.In the summons it has an (AFFIDAVIT OF LOST OR MISPLACED DOCUMENT) sighned by an employee of a collection agency verifying she is familiar with the contract between the original creditor and i but the original contract has been lost or misplaced.Can they sue me without a contract without my signature? The summon says i have 20 days to respond to the court and the attorney states that i have 30 days to dispute in writing the validity of the debt. Should i do this? Or should i send them a denial of claims?
I would appreciate any help and advice.
 


Tayla

Member
1. Respond accordingly to the summons. 2: Retain a lawyer to respresent you. 3: If you dont show up a default judgement can be rendered against you.
Its a bit late to try to send a c & d letter. Validation of the debt should be presented by the plaintiff during the court proceedings.
 

Ladynred

Senior Member
SOL in OH may be 15 years, but they are suing you in FL ! SOL on a written contract in FL is FIVE years. Which law do you think a FL judge is going to go by ??? FL judge knows NOTHING of OH law. You should get a lawyer, but I'd go for the 5 year EXPIRED SOL in FL statutes.
 

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