[Niki B]

URGENT PLEASE PLEASE HELP

Our daughter is being sued in Florida where she has lived since Oct. 2002 for an auto lease debt which originated in Georgia during Jan. 1999 and was written off Sept. of 2000. My daughter was going through a divorce at the time.

Since the divorce, her ex-husband has told her on several occasions that he settled the debt and satisfied if full with the understanding that the company would give up any right to collecting any monies from my daughter.

Well, we can't find her ex-husband now and Ford sold the debt to a collection agency in March of 2005.

Questions:

1. What is the statute of limitations in Florida with regard to this type of suit?

2. Does the fact the lease was originated in GA effect any part of this? She has been living in Florida since 2002, and the suit was filed here in Florida.

3. If it is beyond the statute of limitations can you site the Florida statute that states that?

4. If it is beyond the statue of limitations what should my daughters next steps be?

5. If it is within the timeframe and the lawsuit is valid how does my daughter go about settelment? The amount is $2,900 and they are claiming $400 for process service, $750+ for attorneys fees, and 11% interest, plus all other court costs.

My daughter first believes that her ex-husband satisfied the debt but has absolutely no proof. The lawfirm that has filed the suit has refused our request for disclosure. (We don't have any paperwork, her husband has it).

Lastly, if we just don't have a legal leg to stand on, what is the best way to bring down the amount of the settlement? My daughter was abused in the marriage and we advised her to get away quickly as we were more concerned about her physical well being than material things. She has been supporting herself and her children on a very limited income.

Do you think they would settle this for $500-$700.

I am in desperate need to help my daughter. Please help me.

Thanks.

[ScottGem]

First, I can't say whether the SOL has passed or not. Since there is an issue of when the last activity was it may still be within the SOL.

Second, the plaintiff CANNOT refuse to provide verification of the debt. I suspect the problem is you are answering the wrong way. What your daughter needs to do is file an Answer to the summons she received. In the answer make a statement of her Intent to Defend against the suit on the grounds that it was settled at the time of the divorce. Don't worry about whether she can prove it at this point.

Send a copy of the filing to the court to the plaintiff with a demand for verification of the debt. She can include in the cover letter, that, if they can prove the debt, she would be willing to discuss a settlement. I doubt if they would settle for that little. They might settle for $1500-$2000 if its paid in a lump sum.