Summons received - what to do??

The SOL in Florida is active for four years from the date of last payment date. Even if the dates given by Asset Acceptance are thought disputed by you, it is still out of the statutes. You can escape payment on this legally. Write a certified letter to the CA mentioning the expiry of SOL and keep the green copy signed by them in your folder. You have to show this receipt in the court and put yourself in the safe side.

To find out whether the date of the last payment is real, call the credit company and know the last payment date. I believe, it must be entered in their records.

Don't fail to show up in the court. If the judge finds up unavailable, the collection agency will prove you responsible for this debt and get a default judgment against you. The judge will then force you to make the payment through court orders.

Thanks for a reply. So I just write a letter and send it certified to the attorney on the summons? Does anyone know of any sample letters?

Thanks again!

I called a credit card company and they told me they do not keep that information. After one year they have no information on old accounts.

I really need to find out the exact date of a last payment.

A letter similar to this format will help you in notifying the collector about the expired SOL. Edit the letter as your situation demands. Hope this helps

[quote] FREE Sample Expired Statute of Limitations Notification Letter

Today's Date

Your Name
Your Address

Collector's Name
Collector's Address

RE: [insert account number or name of account or name of debt]:

Dear [insert collector's name or company name],

This letter is in response to your [letter dated xx-xx-2005] (copy enclosed) or [phone call on xx-xx-2005], concerning the collection of the above referenced [account or date].

I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (fdcpa) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in (insert your state or the state in which the contract was signed) has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired.

This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.

Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.



(Sign above name)
Printed Name [/quote]

Wondering, I will assume that the credit card company has no information about your debt account if it is sold off to outside collection agency. Before they sell it off, it can be easily tracked from their system. I think they are not willing to give you some time at this stage since you defaulted on their payments. Press them hard if you can get the dates.

wondering...heres a thought, shouldn't you be able to check your credit report to find when the date of the last payment made was? It should at least give you some idea of a round about time frame? just an idea. shirley

Thanks for the idea, I am in the process of checking that now. The hard part is that the collection agency's have littered my report with lots of entries that are all over the place. I am trying locate the original credit entry.
If i understand correctly, the 4 years starts from 180 days after the original lender charged it off???
Thanks again!

It is my understanding that the SOL starts on the last date of payment activity. So it would be the last payment post date to the best of my knowledge.

If it is a court summons call the prothonotary's office where the case is being held, give them the docket or case number and they will tell you if it is real. If it is real answer the summons to the court, if not, they will win on default because you did not respond to the notice. No matter what that attorney's office tells you, answer to the court. I just went through this and am awaiting a reply. You can PM me and I can tell you how to do a simple response that will cover you as far as the court is concerned. What I mean is, so they don't win by default. YOU MUST ANSWER. I got lucky and an attorney advised me free on how to respond and I would be happy to share that with you if you pm me.

If it is not real they are in violation of the fair debt collection laws.

Call the prothonotary's office, see if it is real, If it is, drop me a line.

Quote:

Prothonotary is an office at your local courthouse, in this case they will handle the docket recordings. They are the clerks of courts, all courthouses have one.

Hi fedupinpa, I have a similiar situation as being_sue. Just got my summon to court yesterday. May I ask you a few questions and advices. My statue of limitation for my state of CA is 4 years for written and 2 for oral. When I went to check my CR, the original creditor dates are as follow: DLA: 9/01 and 3/02. Date reported 7/04. These dates surpass my SOL right? Can I still get sue?