Florida Debtor
January 22, 2018, 02:17:49 PM *
Welcome, Guest. Please login or register.

Login with username, password and session length
News: Florida Debtor - Now even better!
 
   Home   Help Search Login Register  
Pages: [1] 2
  Print  
Author Topic: Hudson & Keyes  (Read 7626 times)
mads
Newbie
*
Posts: 17


View Profile
« on: April 29, 2008, 07:20:53 AM »

Hi, I'm new to this board. Hopefully, someone will read this and help me. I'm in Florida and I may be facing a lawsuit from Hudson & Keyes regarding a credit card. Does anyone have experience dealing with these guys? I thank you in advance for all your help.
Logged
Fighting the Good Fight in FL
Moderator
Newbie
*****
Posts: 64


View Profile
« Reply #1 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....
Logged
mads
Newbie
*
Posts: 17


View Profile
« Reply #2 on: April 29, 2008, 02:51:56 PM »

Hi Grossman, thanks for your reply. Well, I haven't been served yet and the complaint does not appear on the court website. I'm going by a letter that I received giving me 10 days to pay the alleged debt in full or "we may have no alternative but to pursue legal action." The 10 days have already passed.

Is there anything I should be doing at this point?

Thanks, again, for your help.
Logged
Fighting the Good Fight in FL
Moderator
Newbie
*****
Posts: 64


View Profile
« Reply #3 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!!
Logged
rubyruby27
Administrator
Newbie
*****
Posts: 503


View Profile
« Reply #4 on: April 30, 2008, 09:23:15 PM »

If you haven't dv them in the past do it now.  Make it simply

I dispute this debt in its entirety. Please provede me with validation of this alleged debt.

Telephones calls are inconvenient to my home, cell or work.  Please respond by USPS only.

Cordially,

Is the debt outside the statute of limitations which is either 4 or 5 yrs.  Depends on the type of alleged debt.

If this debt is only a couple of years old you may want to find a way to negotiate a settlement.  If its greater then 4-5 yrs will need details on the type of alleged debt it may be.

Credit Card, Loan etc.
Logged
mads
Newbie
*
Posts: 17


View Profile
RE:
« Reply #5 on: May 01, 2008, 07:21:47 AM »

This was an alleged debt for a Bank of America account, originally $2,500, now $5,200. This account has been sold exactly 6 times, last owner being Hudson & Keyes. The debt was sold by BofA. They no longer own it. This debt is still within the Florida SOL (2005). The reason I haven't DV'd any of these JDB's is because I've been told that sending a DV during SOL is never wise since the collection agency would most likely reply with a summons.

My credit score is the lowest possible. All my accounts, all of them with no exception, have been charged off. I've been cash-only for the past 3 years, going on 4.

I really don't have any money for a settlement right now. I could probably come up with 10% if I ask family members to lend me some money. I don't know if they would go for it, though. The last communication I received from Hudson & Keyes was a settlement offer for 70% of the balance due in 20 days. The letter also gave the impression that a lawsuit would follow if this was not met ("we do and will use the full extent of the law to collect the amount owed or a reasonable offer").

The 20 days have already gone by. I check my county's court website every day to see if there is anything entered against me. So far, there is nothing yet. Hopefully, it will stay that way but I want to be prepared in case they do sue.

What do you guys recommend that I do at this point? I'd really appreciate any help you could provide with this matter.
Logged
rubyruby27
Administrator
Newbie
*****
Posts: 503


View Profile
« Reply #6 on: May 01, 2008, 08:29:17 AM »

With it being only 3 yrs, lay low if you can't make a settlement offer.

In Florida the SOL runs from the first 30 days late and you never became current-this means all late fees, over limit fees and past due amounts have been paid and are up to date.

If they do sue, they will probably win, if they have documentation, which is iffy, since its been through that many compannies in 3 yrs.

You do not want a judgement, so you will go to court and fight to the best of your ability or offer a payment plan to keep a judgement off your record.

Keep us posted.  Best thing to do is to start reading all FraudFighters post.
Logged
mads
Newbie
*
Posts: 17


View Profile
« Reply #7 on: May 01, 2008, 08:58:59 AM »

Thanks, ruby. Then the best thing right now is to lay low and see what happens.

I intend to fight this all the way if they sue. I'm not going to let this go to a default judgment.

I always found it interesting that this has been through several collection agencies and it's just been handed over and over again to the next, a total of 6 times. I don't want to get my hopes up but I have a feeling they don't have any documentation. Hopefully, this thing will pass me by uneventfully.

Any other ideas?

Thanks, again, for all your help.
Logged
Fighting the Good Fight in FL
Moderator
Newbie
*****
Posts: 64


View Profile
« Reply #8 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.
Logged
mads
Newbie
*
Posts: 17


View Profile
« Reply #9 on: May 01, 2008, 10:20:45 AM »

Thanks, grossman. Hudson & Keyes own this alleged debt now. They're not representing, they own it. They've said so in their letters.

I've seen a few cases from them in my county's website, mostly mortgage foreclosures but there is a handful of credit card cases too. Not anything recently, though. And most of the cases I've seen have been discharged in BK.

If they end up filing lawsuit, how should I proceed?
Logged
rubyruby27
Administrator
Newbie
*****
Posts: 503


View Profile
« Reply #10 on: May 01, 2008, 12:24:49 PM »

Just start reading the rules for civil procedure and the threads here and continue to watch the court filings.

That's all you can do at this point.  Once served you have 30 days and we will help you with your response.
Logged
mads
Newbie
*
Posts: 17


View Profile
« Reply #11 on: May 01, 2008, 12:48:25 PM »

Thank you, guys. Your advice has been invaluable. Will do just that.
Can you send me a link where I can read the RCP for Florida?
Logged
Fighting the Good Fight in FL
Moderator
Newbie
*****
Posts: 64


View Profile
« Reply #12 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!!
Logged
mads
Newbie
*
Posts: 17


View Profile
« Reply #13 on: May 01, 2008, 10:01:37 PM »

Thanks. I'm going to start reading that as soon as I get a chance. Do you mean if they file and I get served a summons, I have five days to answer the complaint? That's a terribly short time to develop an answer. I thought I had longer, like 30 days or so.

Also, what is the pre-trial conference? Is there always a pre-trial before a trial date is set? What goes on during this pre-trial? I've got to get myself familiar with the process.

I apologize for my lack of knowledge about this. I come from a completely unrelated field/background. I thank you all for all the kind help you have provided me.
Logged
fraudfighter
Moderator
Newbie
*****
Posts: 370


View Profile
« Reply #14 on: May 09, 2008, 08:07:18 PM »

Quote from: "mads"
Thanks. I'm going to start reading that as soon as I get a chance. Do you mean if they file and I get served a summons, I have five days to answer the complaint? That's a terribly short time to develop an answer. I thought I had longer, like 30 days or so.

Also, what is the pre-trial conference? Is there always a pre-trial before a trial date is set? What goes on during this pre-trial? I've got to get myself familiar with the process.

I apologize for my lack of knowledge about this. I come from a completely unrelated field/background. I thank you all for all the kind help you have provided me.


If they sue on a $5200 debt, that takes it out of small claims, since small claims is $5K and below.

You have 20 days to file an answer to the complaint, but you can file a motion for time enlargement under Rule 1.090b and request more time.
Obviously, if you can't afford an attorney, you will need time to learn how to properly prepare and file an answer. That is just cause for time enlargement, because alot of legal research is involved for a pro se to prepare defenses, and since defenses not raised in the answer are generally considered waived.

You can also file preliminary defense motions under the enumerated types of defense motions under Rule 1.040.

Filing a prelim defense motion tolls the 20 day clock until the motion is dispositioned.
Logged
Pages: [1] 2
  Print  
 
Jump to:  

Powered by MySQL Powered by PHP Powered by SMF 1.1.11 | SMF © 2006-2009, Simple Machines LLC Valid XHTML 1.0! Valid CSS!