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-   -   Summons due to credit card debt (https://www.askmehelpdesk.com/showthread.php?t=388483)

  • Aug 19, 2009, 10:15 AM
    lwilder3427
    Summons due to credit card debt
    Thank-you for whatever advise you can give me. I received a summons from clerk of court on 8/13, I'm being sued for credit card debt. The last activity on the account was in 1998. Due to the statute of limitations in Fl. This can stay with me for over 20 years. The original amount owed on the account was $8700.00 and now with interest the current amount is $17000.00. I have no funds for an attorney but I will not qualify for legal aid. I'm a single mom, I'm renting my home, I do not have any assets. I really don't know where to turn. I understand it is my responsibly and will do what ever I can. Can you please help me. Thank-you!!
  • Aug 19, 2009, 10:42 AM
    AK lawyer
    Quote:
    Originally Posted by lwilder3427 View Post
    ... The last activity on the account was in 1998. Due to the statute of limitations in Fl. this can stay with me for over 20 years.
    No, the SOL in Florida is 4 years, I believe. I don't have time ATM to find the cite, but I'm pretty sure this claim is time-barred. File an answer stating the SOL as an affirmative defense.
  • Aug 20, 2009, 09:56 AM
    this8384
    Quote:
    Originally Posted by lwilder3427 View Post
    Thank-you for whatever advise you can give me. I recieved a summons from clerk of court on 8/13, I'm being sued for credit card debt. The last activity on the account was in 1998. Due to the statute of limitations in Fl. this can stay with me for over 20 years. The original amount owed on the account was $8700.00 and now with interest the current amount is $17000.00. I have no funds for an attorney but I will not qualify for legal aid. I'm a single mom, I'm renting my home, I do not have any assets. I really don't know where to turn. I understand it is my responsibly and will do what ever I can. Can you please help me. Thank-you!!!
    Something doesn't add up. The only way a debt can "stay with you" is if the creditor has already obtained their judgment.

    You stated that the last activity on the account was in '98. Are you absolutely positive that no payment was sent to them between then and now? Very odd for a creditor to allow 11 years to pass before they file... assuming, of course, that they don't already have the judgment and you're mistaking another form of paperwork for a summons.

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