View Full Version : Is it legal?
JudyKayTee
May 12, 2008, 06:34 PM
You have posted this multiple times and it is impossible to follow - in summary: yes, a person can be sued by a collection agency without presenting evidence in the form of a promissory note; ledger (do you mean a list of all payments?); testimony of a competent fact witness and proof of standing.
They can sue with no paperwork at all.
Will they win? That depends on whether you (the Defendant) answered and what proof you had.
If you don't answer or show, well, then the Judgment is a given - for them.
Fr_Chuck
May 12, 2008, 07:11 PM
Yes I could sue you tomorrow for a unpaid american express card payment. Now if you don't show up to defend yourself, for example If I lied about giving you legal service I would win a default judgement against you since you don't show up.
Many collection companies seem to fail to tell the person they are being sued and win by default.
If you appear in court, and know your rights and know legal defenses, then normally not.
But again in small claims court, it is often whose story the judge believes if no written documentation exists
PJAMOK
May 21, 2008, 02:12 PM
Wait, it depends on the state. I'm from Florida and the only one who can sue you for an unpaid debt is the original creditor. The collection agencies always threaten to take you to court, but they have no authority to do so. They also have a limited amount of time to take you to court. In Florida, it's three years from the date of default. No one can take you to court after that time. Check the laws in your state, but I've never heard that any agency that buys the debt from the original creditor has the legal right to take you to court.
JudyKayTee
May 21, 2008, 02:26 PM
Wait, it depends on the state. I'm from Florida and the only one who can sue you for an unpaid debt is the original creditor. The collection agencies alway threaten to take you to court, but they have no authority to do so. They also have a limited amount of time to take you to court. In Florida, it's three years from the date of default. No one can take you to court after that time. Check the laws in your state, but I've never heard that any agency that buys the debt from the original creditor has the legal right to take you to court.
My research indicates the statute in Florida is 4 years for an open account or oral agreement, 5 years on a written account or promissory note.
Can you give me a site for the 3 year statute you have quoted - ?
Fr_Chuck
May 21, 2008, 04:26 PM
But again, the issue is that any company can sue, if you defend yourself, and show it is not the original debtor, you my get it dismissed, but if you don't show up, or if they do not properly have you served notice of the hearing ( sort of common) then guess what they get a judgement, was it gotten legal, of course not, but you will have to take them back to court and prove all of this.