I received a 20 day summons for an old credit card debt and I don;t know how to respond. What should be in the response? I am planning on meeting with a bankruptcy attorney next week but my response is due before I can get that done
State/Country relating to question: Florida
Spoke with an attorney however I can not afford what he is wanting to charge me. I am waiting for legal aid to help.
How "old" is the old Credit Card Debt? In other words, when was your last payment?
It has been over four years. It was bought from Chase by All American Financial. They only sent the last statement from 2009.
Thank you for that information. In your response, make sure you put the same caption on the top of the paper with the names and case number XXXXX it. Then in the body of the paper write that according to Florida Chapter 95.11 the Statute of Limitations for debt related to an oral Contract is four years from the date of breach or a credit card debt which is also four years. In other words, if you haven't made any payments in four years, the debt is gone! Put that in your response. However, I would still list it on the bankruptcy just to be extra sure.
If you still have court, tell the judge the debt is too old.
So that is all I need? I don't need to ask for proof or anything? I don't have any documents showing the last payment, however the statement they put with the summons is dated 03/09/2009 and it didn't have a payment received on it just the 600.00+ in interest and late fees.
They are the ones bringing the action, so they would be the ones having to bring the proof that it is collectible. But, go ahead and bring the 2009 bill. Just sending you a bill doesn't do anything as far as changing the length of time they can collect.
On final question, it says on the summons to send a written response to both the Clerk of Court and the attorney. Do I send the same letter or are they different.
You file the original with the Clerk of court and send a copy to the attorney. And keep a copy for yourself, of course.
15+ years experience
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