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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38567
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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Got a request for admissions from Palisades. Initially thought

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Got a request for admissions from Palisades. Initially thought they were trying to collect a $300 debt to AT&T paid 5 yrs ago. Saw summons was returned unserved. Responded I did not admit to any of the statements and provided them with the proof of payment for AT&T. Palisades did try to collect for AT&T, it was on my cc report for years (I had neglected to have it removed) this was the only Palisades on my report (removed now), but a letter after my response said they wanted to collect close to $10k, so I then submitted a request for validation from Palisades b/c I don't know what it is - I believe it may be another old debt, past statute of limitations. I haven't gotten any response, so I've been watching case through the online Clerk of Courts (FL):

6/11/09 Summons Returned Unserved     
7/1/09      Petition/Motion for Attorney's Fee           
7/1/09      Letter           
7/1/09      Motion for Summary Judgment

03/12/2002 is the date of default given by Palisades - can I use SOL?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 7 years ago.

Unfortunately, when you sent the letter to the court, you legally submitted to the court's jurisdiction and permitted the creditor/plaintiff to obtain a default judgment against you.

 

In order to assert a statute of limitations defense to a lawsuit, you must appear in court and defend, otherwise the defense is waived.

 

The fact that a debt is too old to appear on your credit report after the seven year expiration period) is irrelevant, because it does not make the debt uncollectable. The statute of limitations for collection of a debt is entirely different from the expiration of the credit reporting agency ability to display the debt on your credit report.

 

The botXXXXX XXXXXne is that you could ask the court to set aside the default judgment on grounds of inadvertance, but otherwise, you have lost the case and you now owe the judgment award.

 

Hope this helps.

 

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Customer: replied 7 years ago.
There hasn't been any judgement awared yet.

The plantiff has only entered a motion for a summary judgement, and requested a court date. The only letter I sent was after I received a letter directly from the plantiff's lawyer, the "request for admissions." Because I was under the impression they were trying to collect on an entirely different debt, I responded saying that I denied the request, and provided them with proof that the debt was paid.

Because I now understand that this is for an entirely different debt - I haven't actually responded to anything that they've requested at all.

I don't care if I have to go to court to submit the statute of limitations defense. And I understand that they still have a right to try to collect, even if it doesn't appear on my credit report, but I do not want them to be granted a judgement because they don't have a right to sue at this point and that could go on my cc report for like 20 years.

What I'm asking is can I now have a lawyer some sort of defense that they don't have the right to sue me b/c the statute of limitations has past and dismiss the motion for summary judgement?
Expert:  socrateaser replied 7 years ago.

Sorry, I misunderstood. I read your comment about the "date of default," and read that to mean that the court had "entered a default judgment."

 

If there is no final judgment, then you could respond to the summary judgment motion on grounds that the statute of limitations on the debt has passed. There is a possibility that the court will not permit you to assert the defense now, because you never answered the original complaint. But, it's worth a shot.

 

And, you could certainly have a lawyer prepare the summary motion response.

 

 

Customer: replied 7 years ago.
Thank you - I thought there must have been a misunderstanding.

Just to clarify: Regarding the statute of limitations on credit card debt, is the date of default submitted by the plantiff (in this case, March 2002) the date the clock starts running on the SOL?

Expert:  socrateaser replied 7 years ago.
The SOL runs from the date that each and every element of the claim is complete. This means that the date of actual defaul could have been even earlier, but since the SOL for a Florida written contract is 5 years, you don't need anything earlier to plead the SOL as a bar to the litigation.
Customer: replied 7 years ago.
Thank you!
Expert:  socrateaser replied 7 years ago.

You're welcome and good luck!

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