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Served with summons on old debt, what can I do?

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scorp24

Junior Member
What is the name of your state? Florida
I was served with a summons to appear in court for a credit card debt that has been charged off on 7/26/01, and the collection agency that bought debt is now attempting to sue. From my understanding, Florida's SOL has expired on this type of debt, if so, they why are they still attempting to collect? and what can I do? I don't have the money to pay it, I can't afford to have my wages garnished, and I can't have a lien put on my home. What are my options, other than filing bankruptcy? Someone please help!!!!!
 


Ladynred

Senior Member
Unfortunately, judges in FL do not agree that credit cards have a 4 year SOL and they are almost entirly ruling that its a 5 year SOL - for a written contract. So, in essence you have another year to go before you were safely beyond the SOL.

Even if it were, the expiration of the SOL does NOT keep them from trying to collect and it does not prevent them from suing you. It merely means that IF you are sued, and the SOL HAS expired, that you can use that as an affirmative defense. Unfortunately, in FL , the courts are NOT on your side on the 4 year SOL. Many, many have tried and failed.

You need to file your answer to the complaint. If you want a court date, make your answer a general denial and then ask for proof of the debt. Your court date will be your last opportunity to challenge the debt or to make settlement arrangements.

If you are head of household - supporting children - then you can file a HOH exemption and your wages cannot be garnished.
 

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