Update For Ladynred

[the_st0rm]

What is the name of your state? being sued in Florida, live in GA

Ladynred,
Thank you in advance for taking the time to read this and for helping me out previously.
I sent the cease and desist letter and I have been watching the dockets for the lawsuit online. The credit card is past the statute of limitations, but the attorney and collectors don't care!
They have filed a motion for summary judgement on 08/09/2004.
Could you please let me know how I should answer this motion?
Thanks again,
Cristina

 

[the_st0rm]

Also, I just got off the phone with the original creditor who backed me up and stated:
Last payment was Dec. 4, 1998
Account sold to Credit Trust in April, 1999.
So either way, it's well past the statute of limitations for Florida and I can get the proof from MBNA if I need to submit it with an answer/motion.

 

[JETX]

Also, I just got off the phone with the original creditor who backed me up and stated:
Last payment was Dec. 4, 1998
Account sold to Credit Trust in April, 1999.
So either way, it's well past the statute of limitations for Florida and I can get the proof from MBNA if I need to submit it with an answer/motion.

Possible bad news.... I see from your post that you live in Georgia, being sued in Florida.
When did you leave Florida???
The reason I am asking is Florida 'freezes' the statute of limitations if the debtor moves out of state. So, if you left Florida prior to 12/4/2002, the SOL would NOT have expired and would have been 'frozen' on the date you left.

This is covered in FL Statute:
"95.051 When limitations tolled.--
(1) The running of the time under any statute of limitations except ss. 95.281, 95.35, and 95.36 is tolled by:
(a) Absence from the state of the person to be sued."
Source: http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0095/ch0095.htm

 

[Happy Trails]

**She moved to Georgia in June 2004.

 

[dequeendistress]

Crystal ball working?

 

[Happy Trails]

Crystal ball working?

**Yes, it told me to look into her other posts.

 

[dequeendistress]

LOL yeah...I was too lazy typing reports and peeking back and forth...

 

[the_st0rm]

Yes, ty for answering!
I moved to Georgia on June 15, 2004.
I spoke with Why-Chat (those of you who know him), and he gave me some wonderful advice.
I have emailed the lawyer representing the collection agency and "reminded" him that I sent him the statute of limitations letter which had notified him of the time-barred account.
I am also preparing to send my answer to the courthouse, and a copy of it to the attorney.
I have an affirmative defense and I am stating a counterclaim for violation of the FDCPA, and abuse of process in filing a frivolous lawsuit. I will be attaching the copy of the letter with a copy of the little green card that made them aware of that.
Why-Chat said, "the key to winning in Fl. is to NOT admit to the debt, but
force them to prove they have a valid claim. If they produce "proof of
claim" re signed applications and account information, they are
incriminating themselves into admitting they have filed on a time barred
account."
Thanks Why-Chat! And I will keep everyone posted.

 

[JETX]

And with that... go tear them a new one!! I just love it when the 'victim' debtor can rightly kick a scum-sucking, bottom-feeding debt collectors ass.

 

[Ladynred]

Me too !!!!

Sorry for the late reply - I'm away from home on vacation in NY, haven't been on the boards all week.

Go get 'em, you've got the ammo !!

 

[the_st0rm]

Welcome back from vacation! Must be nice!!
Thank you again (JetX and Ladynred) for the encouragement and support.
Don't get me wrong though, it was my fault for going into debt. But they're the leeches who bought it and waited to sue me.
I sent everything today. The answer to the courthouse with the copy of the SOL letter and little green confirmation slip that I sent to the plaintiff months ago, and also a copy of the answer and another copy of the SOL and green slip to the plaintiff. I requested the certified return receipt again for the plaintiff, and delivery confirmation for the courthouse. Everything went Priority Mail USPS 2-3 day service, so I am guessing it will be there Monday or Tuesday at the latest (GA to FL).
Hopefully a judgement won't be entered before that gets there.
I'll update more soon.

 

[the_st0rm]

How long does it take for a summary judgement to happen after the motion has been presented?
I'm just hoping that my paperwork gets there in time before a judge enters his decision.