In regards to my original post of 12-30-00, I went to a pre-trial mediation conference on 1/31/01 and told the mediator there would be no settlement as the statute of limitations(4yrs in FL) was past. The lawyer indicated that I had tolled the statute by agreeing to pay(biggest crock as I did not even know they had purchased the debt and I never made any written or oral agreement to do so.). The date of last activity is 3/96. In the mail today I get a copy of their motion to the court to apply the Florida rules of civil procedure and they state: 1. I was at the pretrial conf. and asserted an affirmitive defense..... 2. The plaintiff has reason to believe that the defendant orally affirmed the debt. 3. Plaintiff has reason to believe that the defendant concealed their presence and have thereby tolled the statute of limitations.(biggest crock of crap). 4. The defendant has not filed a written answer and the plaintiff needs to be able to narrow the issues to properly prepare for trial.(Funny but who would file a written answer before appearing before a mediator who has no power to dismiss this). 5. The defendant(I think they meant to say Plaintiff) needs to conduct discovery to determine whether the defendant(s) have concealed their presence, left the state(I've lived in FL the last 6 years), or affirmed the debt. Wherefore plaintiff requests this honorable court to enter an order invoking the Florida Rules Of Civil Procedure or granting the plaintiff discovery. This is a big joke, these idiots (FA Management Solutions) are grasping at straws for a $973 debt. But I am standing firm and going to court. I am going to the clerk on monday to file a motion to dismiss. Does anyone know where I can find specific caselaw on tolling of the SOL on creditcard debt(I want to be armed for my day in small claims court). Any help again is appreciated. Steve
RE: HELP AGAIN: Collector taki steve, i'm trying to locate some info to help you and have ideas as to how to handle the court matters. Mind if I send you an email with it?
RE: HELP AGAIN: Collector taki rachal, no I don't mind an e-mail. Thanks for any help. wallst2000@mindspring.com
RE: HELP AGAIN: Collector taki Steve, I agree with Dave. Do not go through this unrepresented, because they will try to railroad you. I joined a class action lawsuit regarding an old debt that a collection company tried to collect on and they are trying to say that I re-aged the debt. Unless they have a written agreement with your signature, they don't have squat. But please get an attorney, because you could end up paying their attorney fees if they win.
RE: HELP AGAIN: Collector taki Thanks all, but I am doing this alone, it's not a big deal I know what to do but the help I need is finding the specific law about tolling a SOL on a debt. Once I can locate that I will be OK. Also this scumbag collector has not even produced the proof of the debt(the Small Claims rules say you have to file proof) All he has filed is a claim with no proof. So if anyone knows where I can find the above mentioned law please leave it here or e-mail it to me. Thanks Steve
RE: HELP AGAIN: Collector taki SteveG, Are you sure that the SOL for a written contract(credit card) is 4 years? http://www.cardreport.com/laws/statute-of-limitations.html This site list the SOL at 5 years, which means that with your date of last activity being 3/96, then the five year mark will be 3/01, which gives them until next month to take action and file a judgment. That is why they are going to small claims court. StveG, i suggest that you get a lawyer. Reshod
RE: HELP AGAIN: Collector taki Reshod Store charge is an open account which is 4 years, the lawyer in their motion to the court did not assert a 5 year SOL, that is for written contracts such as auto loans, see my first post. What they are saying is that I tolled the SOL by saying I orally affirmed the debt(which is not true) and FL statute 95.051(f) reads "The payment of any part of the principal or interest of any obligation or liability founded on a written instrument." and I have never made a payment after 3/96. They are also claiming a tolling because they claim I lived out of state(I have lived in FL since 1/94) and that I have concealed my presence(hard to do when I'm in the securities business and my current employment and 10 years of employment history is a public record). So at any time they could have looked me up to find out where I was employed and served me a summons there. So it is impossible for me to hide. I am right, I know the laws, and if I lose I will appeal and then retain an attorney. So I appreciate all the advice of getting a lawyer but what I really need at this point is help finding some case law to further bolster my claims as well as some help in Small claims procedures as I have yet to find good info on these 2 subjects.
RE: HELP AGAIN: Collector taki I don't think they have a case, but it wouldn't hurt to contact you state's Attorney General's office to double check everything. They probably have a website that could provide you the answers to many questions you have regarding collections. I wish you the best of luck!
RE: HELP AGAIN: Collector taki Steve, There is a guy named Mark Aronson who posts on this board as MBA. Do a search, because he posted his email address here last week regarding Sunoco accounts. I know he has a legal background and he may be able to point you in the right direction.
