Yes being sued
you need to answer the lawsuit. If you post the basics of the lawsuit here you will get more help.
did they attach the right docs to the pleading? if not you need to do a motion to dismiss based on failure to attach.
All that they attached were a few generic account statements with an account number and my name is no where on these statements. Also attached is an affidavit of account that was sworn to 2 yrs ago by someone that worked at the OC.
The complaint says:
Count 1- Open Account
1. This is an action for damages which exceed $5,000 but do not exceed $15,000
2. The Defendent made purchases of various and diverse consumer good and or effected cash advances through the use of his credit account obtained by Plaintiff on account # XXXXXXX
3. Defendent has failed to pa the balance due on the account
4. Defendent owes the Plaintiff $XXXX that is due with interest according to the attached account Exhibit A. Where for the plantiff demands judgment against the Defendent for damages of $XXXX and any further relief this court deems just and proper.
Count2 - Account Stated
5. Plaintiff repeats and realleges the allegations of paragraph 1 and 2 as if fully set forth herein
6. Before the institution of this action Plaintiff and Defendent had business transactions between them and they agreed to the resulting balance.
7. Plantiff rendered a statement of account to Defendent and Defendent did not object to that statement.
8. Defendent owes the plaintiff $XXXX that is due with interest according to the attached account Exhibit A
Wherefore Plaintiff demands judgment against the defendent for damages of $xxxx and any other further relief this court deems just and proper.
Affidavit of account basically says that I am in breach of the contractual agreement to pay as agreed.
Is the debt within the statute of limitations? (is it over 4 or 5 years old?)
Is this your first contact with them? if so send them a debt validation letter and do a counterclaim based on this.
Yes, I sent them a Debt Validation Letter today. What should my counterclaim say?
how much are hey suing you for?
More than $7,000
>More than $7,000
you are in regular civil court so you probably have 20 days to answer the complaint.
>an account number and my name is no where on these statements
Is the acount # your credit card #?
(FYI both open account and Account stated have 4 yes SoL)
>Yes, I sent them a Debt Validation Letter today. What should my counterclaim say?
Ok first thing, I am not a lawyer, and I am better at small claims (less than $5000). The best thing you could do right now is get a lawyer, probably cost $3500 or so. If you are going to fight this yourself you are going to have to put some research time in. I can give you some of the answers and point you in the right direction but you will need to put some real time in.
Here is what I would do.
Call up the origional collector and see if they still have all the paperwork on this debt. You dont need it, you just want to find out if the JDB can get it if they want (or already have it).
You will need to turn in the following in 20 days. If you are going to need more time you can ask for an "enlargment of time" but you will want to do that well before the 20 days are up. Look up "florida motion for enlargment of time" in google and you should fine it. (anytime after 20 days the JDB can file a Motion for Summary Judgement if you dont have this in)
you need the following.
you need to answer every allegation on the complaint with
addmitted (probably only your name and address)
denied (most everything else)
I am without sufficient information or knowledge of the allegations in
paragraph <number> of the Amended Complaint and, therefore, must deny same.
Afirmative defenses - claim all you can without being friviloushttp://en.wikipedia.org/wiki/Affirmative_defense
You have at least three.
Attempting to collect a debt that is not owed is a FDCPA violation
Failure to give notice of assignment (this is a little weak but it is something)
Failure ot stop collecting after validation is requested. (this is weak because the stuff they sent in the complaint could be seen as validation - but it is something)
Motion to dismiss based on failure to attach.
I noticed you did not mention a contract in the stuff they attached to the complaint. oops.