Just Recieved a 20-day Court Summons - NEED HELP
Submitted by detrini on Mon, 12/01/2008 - 11:27am.
Florida
I'm in desperate need of help.
I just received a 20-day court summon for Broward County Court system in Florida on 11/28/2008.
I am being sued by a Debt Collector called Commonwealth Financial System, for two counts of debt from the same creditor. I believe that it is beyond the Statute of Limitations for these accounts.
I also attempted to contact my original creditor and they claim they no longer have any information on my account as it's been sold to a debt collection agency.
How would I be able to get concrete information that states the actual dates payments were made to these accounts, so that I would be able to prove my case of SoL? I'm almost certain that it's been at least 4 years since I've made any payments to these accounts.
I really don't have $750.00 to pay in attorney fees, as I was quoted by one attorney so far. And would really like to try to defend myself it it is an SoL case. What is the average and fee rate to handle this sort of case?
Also, I'm trying to find examples of Response letters so that I can send in to the court.
Please help.
Unfortunately, it’s not
Unfortunately, it’s not too uncommon for debt purchasers to sue after the expiration of the SOL. Typically, it’s up to the alleged debtor to argue that the SOL has expired. In a lot of cases, the debt buyers/purchasers have poor records keeping measures in place to know that the SOL has expired or are simply hoping that the alleged debtor doesn’t raise the defense.
Many times, SOL arguments need to be raised as an affirmative defense in your initial response to the complaint. Have you checked the Florida court system website to see if they discuss SOL defenses and who bears the burden of proving that the SOL has or hasn’t expired? You may want to speak w/ the court clerk or a legal aid office in your jurisdiction to see if they can help you out. Of course, if that doesn’t work and you feel that you need legal advice, you should consult with an attorney licensed in your state.
It’s also important to note that if you’ve taken certain actions, you may have accidentally tolled the SOL. Sometimes, in some jurisdictions, admitting that the debt is owed can be enough to toll the SOL. I’m not implying that you’ve done anything that may have tolled the SOL, nor should you interpret anything I’ve written as legal advice.