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Author Topic: Recieved Pre-Trial Summons for May 20th. For SOL account please help  (Read 2745 times)
Sobe
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« on: April 30, 2009, 10:07:54 AM »

I recieved a summons last night for a pre-trial conference on May 20th.  It is from Florida Credit Solutions trying to go after me for 926.  On a credit card that I had a 300.00 limit on.  The only thing attached to the summons is a Fair Debt Collections Act paper.  Nothing else.  Looking at my credit report, the last payment made to Orchard bank was in April of 2004.  It was charged off in Sept of 04. 
Only thing they have in the summons is an account number, and orchard bank and stating they own the account. and a bunch of other fancy legal words and "counts"
When I looked at the clerk of court web site they tried to summon me back in June of 08 with no luck.  Even with the June of 08 summons, this is out of SOL and not only that I have never seen Florida Credit Solutions on my credit report....never even knew who they were until now.
Back in 07 I was cleaning up my credit to purchase a home...and I wrote to the original creditor, the response was the account was a zero balance and it was sold.  Never heard about it again.  I have done some research, and since they did not attach a bill of sale, or a written contract to the summons, I am assuming they do not have it and I can argue that?  Also, what do I do?  Respond or just go to the pre-trial conference on May 20th?
any help or guidance would be greatly appreciated.
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Fighting the Good Fight in FL
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« Reply #1 on: April 30, 2009, 03:17:22 PM »

When I looked at the clerk of court web site they tried to summon me back in June of 08 with no luck. 

Then most likely this debt is NOT out of SOL. You need to see when they filed the case as that will determine whether they are within the SOL or not since SOL typically starts from the first deliquency without the account ever being current again...if that is April '04 and they did not file before the same date in April '08 then it is SOL and you have an affirmative defense.....maybe. Was this account entered into in Florida or another state? What does the credit card agreement say?

I successfully fought off an old Orchard Bank credit account last year......you need to read up on the defenses against JDBs on this site and also try www.debtorboards.com. Everything you need is on this site here though AND is Florida specific......you ned to definitely file an answer with afffirmitave defenses and possibly a counterclaim if they have violated the FDCPA.

You should definitely show up at the pre-trial and talk to the mediator...might be able to work out a deal...but I would bet you could beat this if you want to fight.
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mcb11902
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« Reply #2 on: May 01, 2009, 07:05:25 AM »

Please read the Florida Rules of Civil Procedure for Small Claims before you do anything.  You can find a link at www.flabar.org.  Click on the word "links" at the top of the page.  The rules are down near the bottom.  But they should have attached their documentation to the statement of claim.  Personally I would go to the pre-trial and state that you don't recognize the account; that there are no account statements attached, no assignment from the original creditor to the current entity.  Just curious, did they file the action where you live? 
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Sobe
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« Reply #3 on: May 01, 2009, 07:52:31 PM »

Yes they did file action where I live(Lee County).  But the only thing attached to the summons is one of those Fair debt collections act papers.  The account number is in the summons and the name of the card.  But no statements or signed contract.  My credit report shows that the last payment was made to the card in APril of 2004.
They tried to sue in June of 08, but I was in the middle of moving and was never served.  So even June of 08, is 2 months over the SOL.  I know it is 4 years, unless they have a signed written contract, which I am sure they do not.
So, what should I do next?
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Florida Debtor
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« Reply #4 on: May 02, 2009, 07:33:20 PM »

This is what I would do. Please note that I am the webmaster and not a legal expert, smarter people that me may disagree with this.

Answer the complaint - Deny everything you can

Do all the affirmative defenses you can - SoL etc.
(SoL it is in the 4 to 5 year range, you are not in safe haven but you can fight based on the fact that is an oral contract (4 yesrs SoL) reather than a written contact (5 year SoL). They will fight

File a motion to dismiss based on the fact they do not atch the proper paperwork to the summons and they have no proof of debt.

Counter claim for everything you can. At the very least is is a FDCPA violation to attempt to collect a debt that is not owed.

You need to file all of this (answers, defenses and counterclaims) within 20 days of receiving summons (I think, you need to check that).

(In small claims I believe you have to file your papers 5 days before pretrial)



 

« Last Edit: May 03, 2009, 05:51:49 AM by Florida Debtor » Logged

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I am not a lawyer. It would not be wise to use anything I say as legal advise. Check for yourself.
Florida Debtor
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« Reply #5 on: May 02, 2009, 07:43:26 PM »

(This may be wrong, but if it is not you need to do it -- time to do research)


If you never heard of them and they never contacted you you  should send them a Debt Validation letter (Certified with signature required)

I think that will force them to validate before they can continue there suit against you. If they do keep going without validating then you can try and add it (amend) to your counterclaims.

This is pretty easy for them  to overcome but looking at what they attached to the complaint this is not the brightest bunch. I agree with grossman. You can probably beat these guys.
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I am not a lawyer. It would not be wise to use anything I say as legal advise. Check for yourself.
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