Asset Acceptance Just Sued Me In Fl For 30k

Discussion in 'Credit Talk' started by Lil Beacon, Nov 26, 2008.

  1. Lil Beacon

    Lil Beacon Member

    Asset acceptance just sued me for an old boa card they bought. It is just 3 months away from sol. The total is about $30,000. Right now I am avoiding service of the summons and it will be difficult for them to locate me. My first question is if 3 more months go by am I safe or do they still have a case because they filed just before the sol.

    Any other advice will be appreceated. I have 4 years of perfect credit since my problems and I don't want to start over with a judgement!


    Thanks for your help!
     
  2. ccbob

    ccbob Well-Known Member

    I don't think avoiding them will do you any favors. In fact, they probably hope you never show up so they can get a default judgment.

    RE: SOL, if they file suit within the SOL, then the clock stops. Now you need to face them and hope to beat them in court.

    If you don't show, you lose.
     
  3. Lil Beacon

    Lil Beacon Member

    In Fl. they cannot proceed in court if I am not served the summons.
     
  4. cap1sucks

    cap1sucks Well-Known Member

    You may have ran out of luck hoping for a SOL defense the day they filed the lawsuit. But then I presume that you are thinking about the Florida SOL which is 5 years for a written contract. But what makes you think that Florida statute applies? I'd be willing to bet it don't mean a thing. I can give you Florida case law that says Florida statute don't apply.
     
  5. Lil Beacon

    Lil Beacon Member



    Interesting. Please provide me with that link. I am reffering to the 4 year open ended credit statute. I know the 5 year has been argued but I have found more caselaw supporting the 4 year than the 5. Most of the cases that were won using 5 was because the defendant didn't show up. Let me know if you know similar cases where the 5 year prevailed.
     
  6. bella347

    bella347 Member

    Lil Beacon, I agree with ccbob that avoiding them is NOT the optimum solution to the current problem. That being said, if you firmly believe in the FL statute, I'll still recommend to religiously search the courts in every FL county that you have lived before just in case they find a friendly judge who is willing to let the case proceed. The experts on this board have usually stated that these JDBs/CAs usually pray that you don't show up in court so that they get a default judgment.

    If your search shows that a suit has been filed, then you may need to respond as a matter of law. Here is a link where you can find various FL counties and you can use as your starting point to research if and when the case has been given a date:

    dlis.dos.state.fl.us/fgils/coclerks.html

    Cheers!
     
  7. Lil Beacon

    Lil Beacon Member

    I'M BACK - 5 YEARS LATER LOL!
    Here's the case as it stands today. I welcome your comments!

    11/12/2008 1 ORIGINAL FILING UPDATED
    P 1 11/12/2008 2 ASM: CIRCUIT CIVIL FILING FEE
    P 1 11/12/2008 3 ASM: ISSUE CIRCUIT SUMMONS
    P 1 11/12/2008 1 4 CIVIL COVER SHEET
    P 1 11/12/2008 2 5 COMPLAINT/PETITION W/O NON-MIL
    D 1 11/14/2008 1 20 DAY SUMMONS ISSUED
    01/06/2009 1 RSGN: CASELOAD REASSIGNMENT
    P 1 01/26/2009 1 ASM: ISSUE COUNTY SUMMONS
    D 1 01/26/2009 2 ALIAS SUMMONS ISSUED
    D 1 03/10/2009 3 1 20 DAY SUMMONS RETD UNSERVED
    D 1 04/09/2009 4 1 ALIAS SUMMONS RETD UNSERVED
    07/05/2011 1 RSGN: CASELOAD REASSIGNMENT
    07/01/2013 1 RSGN: CASELOAD REASSIGNMENT
     
  8. samira1973

    samira1973 Well-Known Member

    Have they ever send you settlement offer before?

    Hows much was the original debt before they bought it ?
     
  9. jam237

    jam237 Well-Known Member

    The challenge, SOL only affects FILING of the suit; once the suit is filed, it could be an infinite amount of time for it to go through the courts, the SOL isn't a defense based on the date of the court date, it's the filing of the action which resulted in the court date.

    I'll give an example, in the one case I filed, the defense motioned for the process to be paused waiting for the outcome of a U.S. Supreme Court ruling which affects the outcome of my case; which was granted. If SOL would be based on the court date itself, a party could request a continuance of the proceedings ad nauseam (until the courts patience wore out), then say, oops, the SOL ran out, yesterday.
     
  10. jshimmer

    jshimmer Well-Known Member

    The SOL defines the time period during which the creditor (or debt owner) can sue you. If suit is filed during the SOL, you are SOL.
     
  11. jam237

    jam237 Well-Known Member

    jshimmer: Did you not see that I said that, and provided an example of a situation that demonstrates the difference?
     
  12. jshimmer

    jshimmer Well-Known Member

    I'm pretty sure I was just agreeing with you, and putting it in very simple terms. That happens on discussion forums every now and then ... ;)
     

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