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31  Flordia Debtor / Post a Question / Hudson & Keyes on: May 12, 2008, 09:21:17 AM
Reread Fraudfighter's post and all previous posts...

You are not currently being sued, but it may be headed that way.

IF they sue you for $5200 then the lawsuit will be in circuit court and you will have 20 days to file an answer to the complaint from the day you are served with a summons.

IF they sue you for for less than $5000, you will be in small claims court and you will have up until 5 days prior to the scheduled pre-trial conference to file an answer to the complaint.

You are free to answer their letters any way you want as the courts are NOT involved, YET.
32  Flordia Debtor / Post a Question / Hudson & Keyes on: May 01, 2008, 03:14:46 PM
http://www.floridabar.org/TFB/TFBLegalRes.nsf/d64b801203bc919485256709006a561c/e1a89a0dc5248d1785256b2f006cccee?OpenDocument

I would use look over both the RCP and Small Claims rules. If they file against you, you typically have up until 5 days befroe the pre-trial conference to submit your answers and/or counterclaims!!
33  Flordia Debtor / Post a Question / Hudson & Keyes on: May 01, 2008, 09:37:07 AM
Checking the clerk of court's website is definitley a smart move. You may try searching by lawyer's name, if possible, to see if these guys are really doing any lawsuits in your county, or just blowing smoke.

Are they representing a CA or do they own the debt themselves? Looking at their website it looks like thye have a seperate LLC for buying debts themselves.

My theory has always been the longer you can drag the debt out the better. Debt validation may slow them down a little and prolong a suit. Playing letter tag with them may also work. Maybe trying to work out a deal with them but actually just trying to squeak by until SOL is reached.

If you can find other cases on the clerk's website from them, that may give you an indication of their intent.
34  Flordia Debtor / Post a Question / Hudson & Keyes on: April 30, 2008, 05:06:57 PM
You may want to try posting your question on the forums at http://www.debtorboards.com/. They are more suited for handling pre-lawsuit debt collection questions.

I would definitley look into debt validation, and you can get some great answers on that at debtorboards.

Good luck!!
35  Flordia Debtor / Post a Question / Hudson & Keyes on: April 29, 2008, 08:31:56 AM
While I have never heard of them, there is some info out there:

http://www.hkinc.com/

http://www.google.com/search?sourceid=navclient&ie=UTF-8&rls=GGLD,GGLD:2004-18,GGLD:en&q=Hudson+%26+Keyes+

You have come to the right place, but to get help we will need more information. What can you tell us about the case without revealing identifying information?

What are the claims?

Are you in small claims court?

Who is the plaintiff?

etc....
36  Flordia Debtor / Post a Question / CACH LLC suit on: February 26, 2008, 12:07:05 PM
Hopefully, somebody other than just me and Ruby are still monitoring these boards!!

Anyways, here goes….Going to court for the second time for CC debt. Received summons last week with a pre-trial scheduled in a couple of months. I knew this one was coming as I have gotten into the habit of monitoring the clerk of court site.

Being sued by Rubin and Debski out of Jacksonville and plaintiff is CACH LLC (as an assignee of Household Bank). They apparently bought this debt back in 2006. It is a defaulted CC for HSBC out of Nevada. I believe credit card was defaulted on in either 2003 or 2004, not sure which as I lost a large amount of records during hurricanes of 2004. I will have to check any older bank statements I still have left. First late payments were most likely mid 2004.

Here is the complaint:

CACH, LLC,
ASSIGNEE OF HOUSEHOLD BANK, a corporation, Plaintiff,
vs.
ME, Defendant.

COMPLAINT
The Plaintiff, CACH, LLC, sues the Defendant, ME, and alleges:

1. This is an action for damages that do not exceed $5,000.00, exclusive of interest, court costs and attorney's fees.

2.The original credit grantor established a credit card account, bearing the number xxxxxxxx, in the name of the Defendant and issued a credit card to the Defendant.

3.The credit card and the original credit card agreement (the "Agreement") were sent to the Defendant. Upon information and belief, Defendant is in possession of the original Agreement. A copy of the Agreement is attached and incorporated herein by reference.

4.Defendant, or other authorized by the Defendant, used the account to incur charges, thus accepting the terms ofthe Agreement and agreeing to be bound thereunder.

5. Defendant breached the Agreement by failing to make payment when due.

6. Plaintiff purchased and owns the Defendant's defaulted credit card account and succeeded to all the rights of the original credit grantor.

7.Defendant owes Plaintiff $XXX.XX plus interest on the credit card account.

8. All conditions precedent to bringing this action have occurred or have been waived.

9.Plaintiff is obligated to pay its attorneys a reasonable fee for their services. The Agreement provides for the
recovery of attorney's fees. In the event of a default, a reasonable attorney fee would be $400.00. WHEREFORE, Plaintiff demands judgment for damages, plus interest, costs and attorney's fees.



All that is attached to complaint is a card member agreement that that actually says GENERIC AG1138V across the top. No statements or agreement signature card. The agreement states that Neveada law is applicable and the SOL in Nevada is 6 years.

My initial thoughts:
I am not sure that this account is outside the Florida SOL of 4 years or 5 years, though I may argue if they cannot prove otherwise with statements.

I am contemplating an filing an MTD based upon failure to attach and failure to allege all the necessary elements of a valid cause of action. I know that it will probably fail due to the procedural vs. substantive view of rule 1.130(a), but I am going to be a pain in the ass as long as I can.

I will file my answers after and IF I file the MTD and use SOL and  Failure to state a cause as affirmative defenses along with any other ones I can incorporate….

I will then see what is offered at mediation during the pre-trial.

Not overly worried about a judgment as I am judgment proof and the amount is not large, just looking to give a fight and get into a better position.

Any  thoughts?

Thanks!!

Ruby, hopefully it is more than just you and me left. I think this board is extremely valuable and would like to offer any services I can provide to keep it going….
37  Flordia Debtor / Post a Question / UPDATE ON CRAP ONE!!!!!! on: December 18, 2007, 12:08:55 PM
Bravo!!

Sunny, did you win based upon a 3 year SOL in Virginia? This would be good news for may!!
38  Flordia Debtor / Post a Question / Interrogatorie Question on: November 28, 2007, 10:15:55 AM
You can't be held in contempt of court on a debt in Florida, so not answering that interrogatory does not have any consequences.

Fraud, are you sure about this?

I have seen cases (online, through clerk of courts) in Florida where the Plaintiff has dragged the Defendant back to court to force an answer to a post judgment interrogatory and the Judge has ruled in favor of the Plaintiff AND also given court costs to the Plaintiff ($200 - 300).

Does not answering only apply if you file bankruptcy? What can the judge do if you don't answer?
39  Flordia Debtor / Post a Question / Is there anyone using this site on: November 21, 2007, 11:19:29 AM
I'm listening....
40  Flordia Debtor / Post a Question / Capital One vs SOL protected debtor on: October 02, 2007, 08:15:19 PM
Good luck. I concur with your defense as I have been researching it myself. You have stated it very well and have thought it through. I think the court just might rule in your favor. Stick to your guns and give 'em hell....
41  Flordia Debtor / Post a Question / Capital One vs SOL protected debtor on: September 28, 2007, 11:42:34 AM
Gulfbreeze,

Well done!! You and Ruby are true inspirations for the other pro sers out there. Keep up the heat and give them a dose of their own medicine!!
42  Flordia Debtor / Post a Question / Another CrapOne on: September 17, 2007, 01:46:24 PM
"I've looked for a law library, but the only ones I can seem to find are for students at law schools. Can someone please tell me exactly what I need to look for?"

Sunny,

Lots of County Courthouses in Florida have some kind of small law library for public use. Check with the clerk of courts. If you Instant Message me (press PM button on this page), I may be able to help you locate what you need, or at least point you in the right direction.
43  Flordia Debtor / Post a Question / Capital One vs SOL protected debtor on: July 27, 2007, 12:30:02 PM
Someting to think about, when I was researching VA law about SOL, I found that the actual law read 3 years from the last charge for a purchase or something along that line. In my case, they showed the last 3 statements, of which none had any charges other that late charges.

I used that as a basis for being outisde the 3 year SOL. Judge still hasn't decide though, so I don't know if that argument will fly...
44  Flordia Debtor / Post a Question / UPDATE ON CRAP ONE!!!!!! on: July 20, 2007, 08:22:33 PM
This is HH&L for Crap One?
45  Flordia Debtor / Post a Question / UPDATE ON CRAP ONE!!!!!! on: July 20, 2007, 08:09:51 AM
Also remember that SOL on open accounts in Virginia is 3 years, not 4. Don't know if this helps your case or not.
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