[DmVinny]

I recently received a summons for a credit debt. I have 20 days to respond. My question is how do I respond? I do not know where to begin. I was looking at Mr.Yet's sticky on notice of intend to defend but is that what I need?

Other problems are I do not remember how long ago this debt was put into collections it seems like it was a long time ago but the summons does not state the date.

And, the amount they are seeking is roughly 75% more than the initial loan.

I'm sorry if I am not much more clear on this. I've been searching the internet over 5 hours today for some answers or at least an example response letter and could not find any.

Let me know if you need more information.

Vinny
Florida

[JudyKayTee]

I don't know what kind of agreement you had but the Statute in Florida is: oral agreements - 4 years; promissory (written) agreements - 5 years; open agreements (charges), oral - 4 years; open agreements (charges), written - 5 years. Is the debt within the statute?

Not unusual for the amount to be that high - interest, costs, expenses are all added in... and they add up fast.

Before you respond and/or protest you have to have grounds - what grounds are you planning to use?

[DmVinny]

Well when the debt went into collection's, I received a phone call from the collectors asking me to pay, I explained to them my hardship and that at that time I could not pay, that was probably the only call I have gotten from them which was about three years ago. However I know that it has been in collection far longer than that when they used to send me letters.

I do not want to dispute that I owe the initial debt. I do want to dispute that the debt is 75% greater than the original. I also cannot afford to pay this off fully. And if I could make a payment plan it would be very small. Since I already have child support deductions coming out of my paycheck.

I guess I'm kind of lost at what the correct steps I need to take are.

[JudyKayTee]

Well when the debt went into collection's, I received a phone call from the collectors asking me to pay, I explained to them my hardship and that at that time I could not pay, that was probably the only call I have gotten from them which was about three years ago. However I know that it has been in collection far longer than that when they used to send me letters.

I do not want to dispute that I owe the initial debt. I do want to dispute that the debt is 75% greater than the original. I also cannot afford to pay this off fully. And if I could make a payment plan it would be very small. Since I already have child support deductions coming out of my paycheck.

I guess I'm kinda lost at what the correct steps I need to take are.

First you need a defense and inability to pay is not a defense - for example, it's been more than 4 years since there was an activity on the account (a payment, a charge) and so the debt is out of Statute. Phone calls don't extend the Statute so it doesn't matter when they last called. If they called 3 years ago and you explained you didn't have the money to pay this they probably are tired of waiting and are moving before the Statute expires. With any kind of luck it's already expired. What do the papers say, if anything?

Not wanting to pay total interest and fees is not a defense - interest has apparently been piling on for at least 3 years, and it adds up fast. If this is some sort of credit card or loan there is specific language which entitles the creditor to collect legal fees if the account goes to collection.

They don't have to make a payment plan with you - once they get a Judgment they can collect what is due them in any legal manner. They can lien against your bank account or seize it, garnishee your wages.

The forms at the top of this thread are what you need to respond - and you must respond promptly or your time will run out.

No problem giving you more specific help but I'm not sure what you need or want.

[DmVinny]

Thank you, basically I need to find out when this debt was actually put into collections so I can determine if it exceeded the statue. As well as how I would respond to the courts and plaintiff.

[DrJ]

Judy is dead-on... and know that just because its past the statute of limitations in Florida, it doenst mean that a judgment will not be granted, if you are not there to say otherwise.

My best advice (and NO, I do NOT work for these people) go to Legal Advice Line they will prepare the correct response document for you for like $60. Really good, cheap, legal advice for just about anything, anywhere! A great resource (no, I REALLY don't work for them, I promise) :D

[DrJ]

Thank you, basically I need to find out when this debt was actually put into collections so I can determine if it exceeded the statue. As well as how I would respond to the courts and plaintiff.

Remember, the statute time frame starts from the DATE OF LAST ACTIVITY (the last payment to the account or charge to the account)... not when it was sent to collections.

[DmVinny]

Well than I believe that stutue has expired because I am 99% sure I have not made a payment in over 5 years.

I will look into that website you mentioned. But just in case that does not help. If I decide myself to respond should I respond with both a Notice to Intend to Defend, as well as a Motion for Discovery to find out if the statue did expire?

[DrJ]

Hmmm.. that's a good question. I suppose it can't hurt to file both even though your only defense is that it is past the SOL.

[JudyKayTee]

Thank you, basically I need to find out when this debt was actually put into collections so I can determine if it exceeded the statue. As well as how I would respond to the courts and plaintiff.

You will have to re-read what I said - when the debt was put into collection has nothing to do with the Statute. The Statute runs from the last ACTIVITY on the account - a payment, a charge. Phone calls, attempts to collect, things of that nature do not extend the Statute. If your last charge (I don't know what type of account this is) or payment are more than 4 years (take a look at the time frames I posted) PRIOR to filing the lawsuit with the Court it is out of Statute.

For example, this was filed with the Court on April 1, 2008. Your last payment (or charge) on the account was March 30, 2004 - it is out of the 4 year Statute.

It was filed April 1, 2008; your last payment (or charge) was April 2, 2004 - it is within the 4 year Statute.

I absolutely agree with DrJ - I am not familiar with the site he posted, know nothing about it but you seem lost here and I wouldn't take a chance at making a mistake. You can read the forms that are posted and fill in the blanks OR retain an Attorney OR at least get the advice of an Attorney on how to proceed.

If you do nothing there is a very good chance the creditor will take a Judgment against you because you won't be there to explain it's out of Statute, it's not your debt, whatever your defense is.

Keep in mind - inability to pay is not a defense, thinking the total amount is unreasonable is not a defense (if it is within your State's laws and in accordance with your contract/agreement).

[DmVinny]

You will have to re-read what I said - when the debt was put into collection has nothing to do with the Statute. The Statute runs from the last ACTIVITY on the account - a payment, a charge. Phone calls, attempts to collect, things of that nature do not extend the Statute. If your last charge (I don't know what type of account this is) or payment are more than 4 years (take a look at the time frames I posted) PRIOR to filing the lawsuit with the Court it is out of Statute.

For example, this was filed with the Court on April 1, 2008. Your last payment (or charge) on the account was March 30, 2004 - it is out of the 4 year Statute.

It was filed April 1, 2008; your last payment (or charge) was April 2, 2004 - it is within the 4 year Statute.

Ok understood. According to this summons they contacted the National Arbitration Forum on November of 2007 in which the NAF awarded in favor of the claimant. So I am assuming this is the day this was filed or do I go by the day the summons was filed which is April 24, 2008.

I am sorry if I sound ignorant about this. I'm just trying to figure out how to obtain the information of last payment, as well as respond before the 20 days. Especially if the statue can help me with this situation.

[JudyKayTee]

Ok understood. According to this summons they contacted the National Arbitration Forum on November of 2007 in which the NAF awarded in favor of the claimant. So I am assuming this is the day this was filed or do I go by the day the summons was filed which is April 24, 2008.

I am sorry if i sound ignorant about this. I'm just trying to figure out how to obtain the information of last payment, as well as respond before the 20 days. Especially if the statue can help me with this situation.

Now I'm REALLY confused - there has already been an arbitration... and you lost? What was arbitrated?

What were you served with now? A Judgment?

I'm lost here -

[DmVinny]

The arbitration says they awarded in favor of the claimant for a total amount of $10,215.53

It's a Motion to confirm arbitration award.

[JudyKayTee]

The arbitration says they awarded in favor of the claimant for a total amount of $10,215.53

Its a Motion to confirm arbitration award.

Okay, then that is the information you should be researching, how to respond to that document. I thought you were responding to a Summons and Complaint!

They already have been awarded the amount of $10,215. This is just a motion to confirm that award.

Unusual but not unheard of. There is a lot of case law on this. What State? I see more than a few cases in Pennsylvania.

The creditor must be a big company/bank?

[DmVinny]

The state is Florida.

The creditor was formely MBNA and now is CACV of Colorado.

[JudyKayTee]

The state is florida.

The creditor was formely MBNA and now is CACV of Colorado.

This could go on forever BUT were you served with notice of the Arbitration Hearing - if not your argument is that you were not noticed, could not appear because you were unaware.

[DmVinny]

Good question. I do not remember, however it's possible. I'm just trying to reply to it before the 20 days, so I can at least prolong it or do something about it.

[DmVinny]

Bump..

Just bumping this thread. If anyone has any advise on how-to answer this arbitration summons I would greatly appreciate it. I have 14 more days to answer this.

Thanks in advance.

[JudyKayTee]

OK - here's how this has gone down:

You posted that you were served with a Summons for a credit debt, what should you do; I responded with an explanation of the Statute of Limitations and asked the grounds on which you intend to defend; you said your grounds are that the present debt is 75% more than the original debt, you can't afford the “new” amount, you can only make small payments, you pay child support; I again asked your defense - these are not defenses - and explained interest and legal fees; you said you needed to know when it was put into collectio.

DrJizzle responded that you seem confused and should go to the Legal Advice Line before you are out of time; DrJizzle then posted again, explaining the Statute; GV agreed with DrJizzle; you responded that you are 99% sure it is out of statute “because you haven't made a payment in 5 years” and would look at the website but should you file a Notice to Intent to Defend AND a Motion for Discovery; DrJizzle said file both although your only defense seems to be the Statute; I agreed and repeated everything I had said up to that point.

You then posted that this was not a Summons for a credit card debt - it refers to an NAF award against you; I said I was confused - the NAF already decided against you; you said, yes, in fact the papers says that the claimant was awarded a total of $10,215.53 and it's not a Summons, it's a (Notice of) Motion. I responded that this a motion confirming the award/Judgment and what State; you responded Florida; I said that this discussion could go on forever but your argument would be that you were never served with a Notice of Arbitration and had no chance to defend.

You said you don't remember being served but maybe you were and what should you do now?

Now you're back with advice on what to do.

You have no idea what you are doing, you are walking on top of a land mine, you need legal advice. You started not even knowing what papers were served on you.

Take DrJizzle's advice and pay an Attorney. Honestly, I'm burned out here.

[DmVinny]

Ok, thanks anyway.

I didn't see the arbitration letter in the middle of the papers sorry.

I'll just try my best to type something out since I am unable to afford legal fees.