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Ask Maverick Your Own Question
Maverick, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6422
Experience:  20 years of proefessional experience
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My vehicle was repossessed back in 2008. I received a

Customer Question

My vehicle was repossessed back in 2008. I received a summons indicating the Collection agency is requesting a judgment against me in the Broward county local court for the deficiency balance of $8317. The last payment was made on the vehicle was in May of 2008.
In one of the pages I see that in May of 2011 the bank Wells Fargo assigned the installment contract to the Collection agency.
I have 20 days to respond in writing, does this have a status of limitation? If yes How do I respond to this summons.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Maverick replied 1 year ago.

Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 1 year ago.

Under FL law the statute of limitations on a breach of a written contract or instrument is 5 years. See F.S. 95.11. So, yes you should be able to bounce this suit on those grounds. Let me see if I can find the forms for you and I will be back...

Customer: replied 1 year ago.
Ok Maverik, I will appreciated. i will wait for your reply
Expert:  Maverick replied 1 year ago.

Here is a sample of what your answer would like if type up. You can use this as a go-by to draft your own. Your affirmative defense would be the Statute of Limitations. This link may also help.

Notice that you are to go through the plaintiff's complaint and do one of the following: admit, deny, or state you lack sufficient knowledge to admit so it is denied. You do this with respect to each allegation made by the plaintiff in the complaint:

1. Admitted for jurisdictional purposes only.

2. Without knowledge; therefore denied.

3. Admitted.

Then as your first affirmative defense you will plead that Statute of Limitations and state that law I cited bars the claim. See here.

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Customer: replied 1 year ago.
Maverick, what will be your fees, if I send you the paper work for you to answer each line based on your experience.Regards,
Expert:  Maverick replied 1 year ago.

I very much appreciate your vote of confidence but this would cross over into the practice of law. We are not permitted to represent JA's customers and/or render such services. You would need to hire a local business litigation attorney or do this yourself in a pro se capacity; which I believe you can actually do here.

If you want to draft it up, upload it and the complaint on a new thread, and have me check it, we can do that via a phone call when you are ready. The cost for that would be $59.00. You can get a hold of me by starting your question with: "This question is for Maverick only" and it will get routed to me.