Hi all. Here is what happened and if you have any input, that would be appreciated. Basically, I leased a car from Ford Motor (I was simply put into a lease that I could not afford when I was younger). I got behind on several payments and decided to voluntarly surrender the car back to a local Ford dealer in California (place of signing contract signing as well). I was sent a letter shortly after from Ford that I owed the residual of $13,400. I did not respond to the letter as I had finanical difficulty in just the monthly lease payments(thus the voluntary repo). A month later I get another letter, "Car was sold at local auction and you now owe us $6,574.86 (difference of the residual minus the auction sale price). Again, financial hardship- no money to settle that. My employer helped me offer "FORD" a chance to take $2,000 to settle before it went to Charge-off," offer rejected and it goes to my credit as charge-off. The charge-off hit my credit 08-1997. In all the collection notices that were sent my way, I had to avoid them becasue FORD was not going to budge so I just gave up and I never ran into the money necessary. The collection/ charge-off of this came off my credit record on 02-2005. I feel that even though I live in Nevada now, the statue of limitations should apply (6-years for Nevada and 4 years for California) to the attourney stepping up to try and force full payment? I feel I have a case I could defend myself and was curious of feedback for this attoruney willing to take the bait. Again, as I stated earlier, I have NOT agreed or have NOT worked with any collection agencies working on behalf of Ford attempting to collect on this debt in August 1997 and this summons was not filed until October 27, 2006. I've not even work with this place out of the blue taking me to court...lol Additionally, if anyone have any advice how I should reply to the below 8 points (probably in court)? Depending on the feedback, I'm feeling that I will serve notice directly to the attorney's serving the summons to save the $30 court filing fee. 1. That the planiff is a corproation, incorproated under the laws of the Uniteed States and is qualified to do business in the state of Nevada and is an assignee of Ford Motor Credit 2. That to the planiff's knowledge, the Defendant(s), above named is/are individuals residing in the county of CLARK, State of Nevada. 3. That to the plantiff's knowledge, and belief the true names or capacities, wheather individual, corproate, associate, or otherwise of Defendant DOES 1 through 5 are unknown to the planiff, who therefor sues said Defendant(s) by fictitious names. Plantiff is informaed and beleives and on such information and belief alleges that each of the ficticious named Defendants is in some way responsible for the damages sustained by Plantiff in this action. 4. That the Plantiff and the Defendant(s) entered into an agreement wherein the Planitff agreed to provide te Defendant(s) with financial services in the form of credit services and pursuant to said agreement did provide said services to the Defendant(s) at the special insistance and request of Defendant(s). That the defendant(s) defaulted in payment to the Planiff and that following default in peyment thereto, the balance due and owing from the Defendant(s) to the Planiff is the sum of $6,574.86, plus interest accrued thereon at the mutually agreed upon contract rate per annum, or in the absence of contract interest, statutory interest, from the date of the last payment or the date the debt was incurred, whichever is sooner until this debt is paid in full. 5. That the documents, writings, communciations, and the acitivities between the parties constitute a contractual agreement between parties sufficient enough to bind the Defendants for the services rendered by the Plantiff. 6. That the Defendant(s) benefitted from the services provided by the Plantiff and should be required to pay Plantiff reasonable value for such services. 7.That although demand has been made, the Defendant(s) have failed and continues to fail to make payment on said account; that there is now due and owing from the Defendant(s) to the Plantiff the sum of $6,574.86, plus interest accrued thereon. 8.That is has become necessary for the Plantiff to pursue this matter through the services of an attorney and that counsel is entitled to a reasonable attorney's fees therefor. Thanks all... tom -------------------
