First national collections

My boyfriend got contacted by first national collections concerning a discover card debt from 2000. There was a judgement put against him in massachuettes for $8600. My boyfriend was never made aware of the suit because he hasn't lived there since early 2000. First national wants him to pay $14,000. His credit report is showing a closed discover card in 2000 with a zero balance. What should he do about the debt? First national said if he doesn't pay they will sue him in florida since that is where he is living.

Wait, you said he already has a judgment against his name, right? When was he sued? What is the SOL in your state?

If he was never served and not aware of the lawsuit, he can then file a vacate a judgment motion to get it removed.

I think there are few things missing from your post. Lets see if anyone else can help in putting the pieces together.

I see a few problems with this already. The statute of limitations in Florida is 5 years and in Massachusetts it is 6 years. If the account was charged off in 2000, the at the most he would have to be sued on or before 2006. It appears to be more recent that he was sued if in fact he was, if that is the case, the debt is time barred and he couldn't be sued and you can appeal the judgment and have the case thrown out.

Second, if he had his address listed in Florida before he was sued and did not have a Massachusetts address anymore then it would be improper venue, another thing to get this judgment vacated and the case thrown out on.

He may have to come back up here to Massachusetts if in fact there is a judgment against him to take care of it. He could try to call the court house in the county where he used to live and see if there is in fact a judgment against him first.

Find out who the debt collector is that has the judgment in Massachusetts along with who the attorney is for them. Find out the dates it was filed and when a judgment was granted. If I think of more, I will add it later.

I have more info, first the judgement in Mass. was in 2000. He was not physically living there but likely this was his last known address as he moved often for school and kept his parents address. second, he has been informed by a lawyer that the sol is 20 years in Mass as well as Florida. Third, the lawyer in Mass has told him that his firm is no longer persuing the debt and has closed the case. Finally, a Florida lawyer told him that first national could move the debt to Florida and start the process over and attempt to collect it there since this is where is living now. I can see why he is so confused! Any advice?

I see. A judgment is good for 20 years, not the same as the SOL. So what happened is the judgment in Mass was sold to a different company who needs to go through the Florida court system in order to execute it.

If the judgment was granted back in 2000 I really do not think he will be able to get that vacated. Do not keep any money in the bank for starters. I highly reccommend contacting a consumer attorney in Florida to help with this. Even if it costs $100 to sit with them as I have never seen anything like this before. There are a lot of problems one being that his parents should have notified him if they got served back then, either they didn't or he just brushed it off. It will be hard to prove that he didn't know about it after all these years...

He should have been served, plain and simple but in MA there have been many who where never notified of lawsuits and lost by default and end up having a car repoed as a shock to them..summons where left on door steps where a house was vacant, mail was returned undeliverable and cases still went on.................This state sucks and has all the laws to help people which do nothing,,,,,,,,,,, really sick.

Who is the lawyer in MA and the debt collector?

Like I said he might have to come back up here and file motions to vacate along with proving that he was never served and didn't live where they say he was served.

Thanks for your advice