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lisboa2009 · Sep 30, 2009, 03:06 PM

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I live in Florida -in 2001 I went through a divorce I had a leased vehicle I was behind one month could not make the payment the lease was terminating the following month so, I voluntarily had the vehicle repossed. I never heard from the lender again. In my credit report they opened the case in 2003 it shows a total amount due of 1300.00 dollars.

This week I received a letter from a law firm representing Capitol One bank advising me that I need to report for a deposition this coming November 2009, its been filed with the county court in attempting to collect my debt for 2337.92 dollars they want a deposition and all my financial records including bank statements tax records etc etc...

It has been 9.5 years -My question is can they do this? Is there a law or statue of limitation to protect me from this occurring right now? Am I obligated to go to this deposition? Also why is the amount due showing 1300.00 in my credit report but they are attempting to collect 2337.92. Should I seek legal representation to attend to the deposition? Or should I call them and offer the original value of the debt I cannot afford the 2300 nor do I understand why its increased. They have reposted it in my credit report.

Can somoene please advise, what to do?

thank you so much

cadee884 · Sep 30, 2009, 06:46 PM

I know this is an old debt and I'm not from Florida however, there are many deceptive tactics being used to collect debt these days and mostly from collection firms who acquired the right to collect your debt for 5 to 15 cents on the dollar. I don't pay them however, In Texas if you do not respond to a court fileing... a judgement can be placed on your estate. The law firm can renew the claim every 5 years and any real property sold in your name can be garnished for the debt. If you have been served papers to appear in court... get a lawyer and respond. Do not ignore it. Personally, I would pay my attorney more than the debt liability just so those greedy loafs wouldn't get a dime. See a Lawyer... you'll sleep better.

lisboa2009 · Sep 30, 2009, 07:17 PM

My gosh this is a nightmare... thank you for the response and advice.

DisabledinMD · Oct 1, 2009, 12:03 AM

The amount is up because they are claiming interest, which they cannot do unless the original contact allowed for it. Is the contract an open or close one? That is, was there a set day for it to end (close), or was it revolving credit like a credit-card that was indefinite (close). Laws are different on open and close debts in many states.

Search for your state's laws regarding debt, to see if this is beyong the SOL, Statute of limitations on debt collection You can use that information as a defense to the summons for the deposition. You should have a "Notice of Intent to Defend" or "Notice of Appearance" attached to the summons. You must reply with your defense(s) before the due date. The court must receive it by that day. Search this forum for examples of defenses you can use. SOL is one, if you find that the debt 's last payment is older than the statute of limitations.

Bring what they ask to the hearing, it is part of the Discovery process they are doing. You can initiate your own Discovery, if you wish. Check your state's Civil Court rules on Discovery. I would definitely want to know when they claim the last payment was made (so you can raise SOL for a defense), and how they came about with the current amount they are sueing for. You are entitled to know how they calculated interests and any other fees, and how they arrived at them. Ask them to bring the contract you signed with them, and where in the agreement they have the right to add all the associated fees/interest they are tacking on.

Search this forum for "Notice of Intent to Defend", "Answers". "Affirmative Answers". "Discovery", "Request for Documents", "Admissions" and "Interrogatories". A lot of what you need you can find here using the above search terms, as well as Google/Bing or other search engine.

lisboa2009 · Oct 1, 2009, 04:41 AM

Oh my this is just to complicated.. thank you so much for your advice. I need to get an attorney. The Statue of limitations is 5 years the contract was a leased vehicle for 36 months I assumed closed, the asset was the vehicle they took that.

DisabledinMD · Oct 1, 2009, 06:35 AM

Two questions:
1) When was the last payment made?
2) What was the last month of lease term? As in, what month and year was month 36?

And some comments;

3) I have a feeling you meet SOL, according to FL statutes. You may be able to get this dismissed using that as your sole defense. No lawyer needed. In your answer to the court, simply state that the debt is passed the SOL. Mr yet and others have posted templates for the specific language to use.
4) The deposition is likely a wasted fishing expedition, if you meet SOL, nothing you give them can be used against you, unless they somehow get you to admit that you owe, and agree to work out a settlement, which you absolutely should not do. THe only thing you are obligated to say to them, is that the SOL has passed. Send the proof to the court of last payment, and ask the judge to dismiss.

twinkiedooter · Oct 4, 2009, 05:15 PM

You said: This week I received a letter from a law firm representing Capitol One bank advising me that I need to report for a deposition this coming November 2009, its been filed with the county court in attempting to collect my debt for 2337.92 dollars they want a deposition and all my financial records including bank statements tax records etc etc...

You received a letter, not a Subpoena for Deposition issued by the Clerk of Court in a Court matter. Don't attend. You do not have to respond to a deposition via a letter. You do have to respond/attend a deposition when it is associated with a court matter.

If you have not been formally served with a Complaint and Summons for this debt, you are not obligated to attend their "deposition". It is strictly a fishing expeditition to see what money you have or don't have. Don't show up!!

I was a paralegal in South Florida for years and worked for a collection attorney. Apparently this "letter for deposition" must be a new gimmick the attorneys dreamed up for people who don't know better. The SOL for this debt sounds like it has expired and the creditor cannot file a lawsuit against you. The only time that you would be subpoenaed for a deposition would be AFTER the creditor had gotten a judgment against you and wanted to see what assets you had to attach or seize.

twinkiedooter · Oct 4, 2009, 05:20 PM

Originally Posted by DisabledinMD

The amount is up because they are claiming interest, which they cannot do unless the original contact allowed for it. Is the contract an open or close one? That is, was there a set day for it to end (close), or was it revolving credit like a credit-card that was indefinite (close). Laws are different on open and close debts in many states.

Search for your state's laws regarding debt, to see if this is beyong the SOL, Statute of limitations on debt collection You can use that information as a defense to the summons for the deposition. You should have a "Notice of Intent to Defend" or "Notice of Appearance" attached to the summons. You must reply with your defense(s) before the due date. The court must receive it by that day. Search this forum for examples of defenses you can use. SOL is one, if you find that the debt 's last payment is older than the statute of limitations.

Bring what they ask to the hearing, it is part of the Discovery process they are doing. You can initiate your own Discovery, if you wish. Check your state's Civil Court rules on Discovery. I would definitely want to know when they claim the last payment was made (so you can raise SOL for a defense), and how they came about with the current amount they are sueing for. You are entitled to know how they calculated interests and any other fees, and how they arrived at them. Ask them to bring the contract you signed with them, and where in the agreement they have the right to add all the associated fees/interest they are tacking on.

Search this forum for "Notice of Intent to Defend", "Answers". "Affirmative Answers". "Discovery", "Request for Documents", "Admissions" and "Interrogatories". A lot of what you need you can find here using the above search terms, as well as Google/Bing or other search engine.

I know you mean well, but you did not read the question properly. The person got a LETTER, not a subpoena for deposition. Two distinct different things. This was not a "hearing" as you referred to it as.

Please try to refrain for trying to be so helpful on the legal boards if you don't have a clue what you are talking about. You could quite easily improperly advise a person in a legal matter.

I won't ding you this time. But I will ding you in the future.

DisabledinMD · Oct 4, 2009, 08:51 PM

Originally Posted by twinkiedooter

I know you mean well, but you did not read the question properly. The person got a LETTER, not a subpoena for deposition. Two distinct different things. This was not a "hearing" as you referred to it as.

Please try to refrain for trying to be so helpful on the legal boards if you don't have a clue what you are talking about. You could quite easily improperly advise a person in a legal matter.

I won't ding you this time. But I will ding you in the future.

While you are at it, I guess you might ding mr yet too, as the OP posted this same post twice, but with different titles. And he read it the same way as I did, that OP was being called to a hearing (a Discovery hearing prior to trial, as part of the trial process), and he's a Bankruptcy & Debt Expert on this board. Why would they initiate Discovery if they aren't intending to get a judgment or proceed with trial? And isn't a deposition a type of hearing, or why would it be sometimes referred to as a depostion hearing? I read about depositions in researching my own case, in MD, they are not allowed as part of Discovery unless a written stipulation is filed in the action. In MD a notice of deposition is served, a subpoena is not always used, and it is served the same way a summons is (which can be mailed), and filed with the court clerk. Mr yet is also in MD.

Duplicate thread that OP posted: https://www.askmehelpdesk.com/bankru...on-401413.html

Originally Posted by mr.yet

File notice with the court that the SOL has expired. Do not call them, GO to the hearing and ask the court to dismiss with prejudice for pass the SOL.

I pretty much agree with his advice, based on the fact OP has met the SOL defense. And changed my advice to OP based on that fact, saying something similar to him, once OP provided additional information.

Also, OP didn't really clarify what the letter was, OP could be referring to a summons (Or a notice of deposition) as a letter, as a summons (Or a notice of deposition) could have been mailed. And because two different threads were posted, yours and mt yets's replies are conflicting. OP really shouldn't have posted two separate threads. I don't know if this forum has the ability to merge threads or not. He's saying go to the hearing and you are saying don't. So, which one of you should the OP take advice from? And perhaps OP could clarify, was it just a letter from the law firm on their stationary, or did they mail a summons or a notice of deposition that was issued from the court? Because, depending on what the OP was sent, either you or mr yet could be correct. One thing we all apparently agree on, OP has apparently met the SOL defense, and should use it to stem any legal action. And you and I agree that they are on a fishing expedition and OP is not obligated to answer them. I'll let you, mr yet, and OP decide what OP should do next, I've said all I need or want to say on this subject. I would suggest OP determine what it exactly was that the law firm sent, and make the appropriate action, based on FL Stautes/Rules (Which you are obviously more familiar with). Personally if I were OP, I would send law firm and court where deposition was filed, proof of SOL, if that would be sufficient in FL. I don't know if OP should (or needs to) attend the deposition hearing(?) as mr yet suggested.

PS I understood that nothing posted on these boards should be construed as "legal advice", as only attorneys can give "legal advice". One can offer suggestions and guidelines on how to proceed, and no one should substitute information on these boards as a substitute for consulting a lawyer, because of the very thing you posted above, " You could quite easily improperly advise a person in a legal matter." Some threads posted here have resulted in heated exchanges, because of disagreements over a course of action. OP's should definitely do their homework when there is a conflict of opinion.

twinkiedooter · Oct 5, 2009, 06:36 AM

What I am suspicious of is the small amount that the law firm is trying to collect. $2,300 is not a lot of money to spend the manpower on holding a deposition. The mere fact that there is no lawsuit filed and the OP did not mention it leads me to believe that this is a gimmick by the law office.

Also, this is NOT a discovery hearing. If this were really a deposition, it would have been served as a Deposition Duces Tecum (meaning bring documents with you). The OP never said that - just that they received a letter.

Also, if a Court case had been filed in Small Claims Court (or in the case of Florida it would be County Court) the case would have been moved forward by the law firm and a judgement would probably have been entered - but the OP never said that a lawsuit had been filed. If the firm had obtained a judgement, the lawfirm would have tried to collect as soon as it was entered. The law firm would have sent out Interrogatories to the OP and not a deposition. A depositon is too costly for just $2,300 to pursue.

I say don't go ONLY if this was just a letter and not a Notice of Deposition or a Subpoena to appear at a deposition. The worse thing that could happen would be that the OP would be called to a hearing before a Judge and the Judge orders the OP to a deposition.

I read the other post of the OP and you are right, DisabledinMd. They say the same thing but I guess they wanted to get a second opinion that's why they posted again. Very confusing facts, I quite agree.