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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 35299
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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I am trying a response to a summons on an old car loan which

Customer Question

i am trying a response to a summons on an old car loan which was from 4 years ago. a collection agency bought it out. and is taking me to court. i was served a summons by my mother wasn't and they dismissed her from the case. which is good but can i use this to my advantage.
JA: What state is this in? And when did the issue begin?
Customer: i live in florida also what is the statue of limitations. the last payment i made them was in march of 2014
JA: Has anything been filed or reported?
Customer: the original creditor reported it on my credit. A collection agency bought it im assuming here resently because the original creditor did a discharge on the loan. now i was served with court paper on the 17th stating a new company is sueing me for the loan
JA: Anything else you want the lawyer to know before I connect you?
Customer: no i think that is it. im sure i will think something else when i soon but right now no.
Submitted: 1 month ago.
Category: Legal
Expert:  LawTalk replied 1 month ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

The statute of limitations on a breach of contract case for a contract that was in writing, under FL law, is 5 years. So if the last payment you made was in March of 2014, they have until 2019 to file the lawsuit. So the statute of limitations is not a bar to the lawsuit you were served with.

The fact that your mother may have been named as a Defendant and then dismissed----while great for your mother, is not of any direct benefit for you.

Finally, if you do owe the debt, then you need to consider whether you want to throw good money after bad and even bother to file an Answer to this lawsuit. Just filing the Answer to the lawsuit will cost you about $400 for the filing fee. If you know that you will lose the case, because the debt is valid, you are better off not filing the Answer and just allowing them to get the judgment. They will get the same judgment in a few months anyway after you Answer the complaint when they file their Motion for Summary Judgment.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Customer: replied 1 month ago.
The last payment was March of 2012 n there is no way of winning this case r paying pennies on the dollar. I'm trying to clean my credit up n will this hurt my credit score n for how long. Plus I own a house can they try n take it.
Expert:  LawTalk replied 1 month ago.

Hi,

You have asked multiple questions now and it is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference. I will make that offer to you and we can discuss at length the ways you can attempt avoid collection efforts and things that cannot be done.

Doug

Customer: replied 1 month ago.
Ok so how much for a phone call
Expert:  LawTalk replied 1 month ago.

There should be a link there for you to request a phone call. If you do not see one, you will want to call our customer service at(###) ###-####and tell them that I agreed to accept a call request from you for an additional $19.00 and they can hopefully process that request for you.

Doug

Customer: replied 1 month ago.
They wanting to charge 59 for a phone call not 19. They said I can text u for what I have already paid
Expert:  LawTalk replied 1 month ago.

Hi,

I apologize for the site issues.

Tell them that my "Offer Premium Service" button is not functioning and that I said I'd take your call for $19. That's all I can do at the moment until the site gets the problem corrected that is hampering my ability to offer you the call.

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