Ask Experts Questions for FREE Help !
Ask
    lrhall41's Avatar
    lrhall41 Posts: 123, Reputation: 6
    Junior Member
     
    #1

    Mar 27, 2007, 08:43 AM
    Another summons again.
    This time is on $500 from a company that I have not heard of and they attached a copy of a Promisory Note that I signed in November, 2001. I do not know the status of limitations in Florida. Probably $500 plus court costs and attorney's fees doesn't sound like much, but my husband and I were served a little over a month ago for over $20,000 from 8 old credit card accounts that were purchased from another company.
    I do not know what else to do other than fight the statute of limitations deal. Any suggestions?:confused:
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #2

    Mar 27, 2007, 10:16 AM
    Do n ot admit the debt, agree to pay or settle. Do some homework for your state, the normal statute of limitations is 6 years. If you acknowledge any of these debts the statute will restart. An offer to settle for eben one cent is enogh to restart the statute. The debt remains legit after the statute but they have lost their ability to get a judgement.
    lrhall41's Avatar
    lrhall41 Posts: 123, Reputation: 6
    Junior Member
     
    #3

    Mar 27, 2007, 11:58 AM
    I checked and in Florida is 5 years the SOL. Does that mean 5 years back from today when I got served or 5 years from April 23 when we go to court?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Mar 27, 2007, 12:06 PM
    It means 5 years from the date of last activity on the account until a court proceeding is filed. So if the note was signed in November of 2001 and no activity was ever made, then the SOL expired in November of 2006. However, if the last activity was May of 2002, then they are within the SOL.
    Lowtax4eva's Avatar
    Lowtax4eva Posts: 2,467, Reputation: 190
    Ultra Member
     
    #5

    Mar 27, 2007, 12:16 PM
    Basically if you made a payment or payment arrangement any time since may 2002 then the statute of limitations has not expired.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Summons for Judgement [ 85 Answers ]

I just received a summons, (at 6:00 AM), stating that a credit card is seeking a judgement against me. The card was originally a Chase Manhattan Bank. However, the debt was sold to a debt-collection company - Mann-Bracken, LLC. Originally, I heard these guys were bad news and I was advised,...

Court Summons [ 1 Answers ]

Hi there, my boyfriend received a court summons for an upaid credit card debt of 2500 plus interest. We tried to make a payment years ago but they refused because we could not pay in full-like $50 a month. On the summons paper it says for us to get a lawyer and we need to respond within 30 days....

Summons for old debt [ 2 Answers ]

I received a summons to appear in court for an old credit card debt (I think my last payment was in 2000 or 2001). The SOL in the state in which I resided at the time has expired. How do I prepare myself for court? Or, does the plaintiff have to prove their case? Any help is appreciated! ...


View more questions Search