Being taken to court by debt collector

Anonymous · ‎05-13-2008

Has this happened to anyone?

My friend received a summons from the clerk of courts. On his credit report CACV is listed and it states that he owe them $2000. How is it possible that they can take him to court for outstanding credit card debt? The original creditor was MBNA. The DOFD is March 2002 and the Last Payment Date is 5/2004. Balance now owed is $1096. What is his next step?

Anonymous · ‎05-13-2008

You need to know the SOL in your state..if it's within SOL..they can sue...SORRY!!!

Anonymous · ‎05-13-2008

4 years in FL

Anonymous · ‎05-13-2008

It would be right at the 4 year mark...depending on the exact date..if it's the end of May...it's within SOL....and they can sue...

Wait I was look at the wrong date...how is the DOFD one date...and the last payment was 2 years later..if the payment was after charge-off..that reset the SOL....

Message Edited by slyhouse08 on 05-13-2008 07:15 PM

Anonymous · ‎05-13-2008

SOL in FL on this account is 4 years from DOLA........If the last payment was in May of 2005....they can file suit up until may 31,2008.............after that you can claim past SOL (time barred).

Because payment was made SOL goes by DOLA (last payment)

Anonymous · ‎05-14-2008

His court date is July 14th. Can we still use past SOL of limitations at the hearing since last payment was May of 2004? I think I listed it incorrectly in the previous post. The DOLA was May 2004.

Another thing, the reps from this company have hired Debt Collection Attorneys and they are going to conference in via the telephone. Have you heard of this?

The summons states that is is burdensome for the plaintiff's attorneys to send one of their reps due to the cost of travel. They are requesting that they appear at the pre-trial by telephone.

He's in FL but the actual court hearing is in another FL city. His current address is on documents, how is it possible that they can schedule the pre trial in another FL city? Why not schedule it in this city?

Anonymous · ‎05-14-2008

On this credit report it states the date of the 1st Delinquency as 3/2002

and the DOLA as 5/31/2004.

Is it too late to DV the Collection Agency that is collecting for CACV,LLC since he has already been summons to court?

The actual amount owed is $1096 and original amount was $1986

llecs · ‎05-14-2008

It wouldn't hurt to DV now. In fact, I know of one state that requires you to DV before you can answer a summons (LA, I think).

Tell your freid to rapidly save and pay prior to the court date.

Your friend can request a change of venue so as to require Plaintiff to appear in court. Decision up to the judge...

Edit to add...................SOL often goes by DOLA, but some states actually go by DOFD, but not many. Have your friend review that statutes in FL to double check that. Also check for licensing info (if required in FL), and if lawyers on their side involved, check the Florida Bar to see if they are licensed too. Maybe your friend could find a technicality.

Message Edited by llecs on 05-14-2008 09:54 AM

Anonymous · ‎05-14-2008

Thanks for your replies! This board is awesome!