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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33928
Experience:  Began practicing law in 1992
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Sirs/Maam, My question is that an attorneys office sent a

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Sirs/Maam, My question is that an attorney's office sent a summons to a family member after 9 years for a credit card debt when they never owned an card. Due to the time frame of this suppose incident this family member knows that he has never applied for a credit card with any institution or through mail offers.
By a summons do you mean that they have been sued?
Customer: replied 9 years ago.

Yes they are being sued in accordance to the summons.


Based on what is within the summons, states general allegations as well as breach of contract for the amount of $ 5582.94 acruing interest @ 11% from date of purchase 11/16/1999.

Upon reviewing the summons closely with my family member come to find out that Southern Auto Finance Company; Portfolio Recovery Associates LLC through and alternate attorney's office filed for this law suit.

Please inform me if there is any additional information needed.


Thank you deeply


First off in Florida the statute of limitations on a debt is 5 years, although any payments on the debt will restart the statute as will any time out of the state.

The only question is whether it is 5 years from the date of default or 5 years from the date of the last payment.

It is not unusual for the wrong person to be sued on a debt however. My first suggestion is that your relative hire a lawyer to file an answer and coutnersue for attorney's fees as sanctions for a "frivolous lawsuit".

If they are unwilling to hire a lawyer they need to file an answer. The best way to do this is to go to the courthouse and look at another, similar case where someone is sued on a debt and has an attorney file an answer. They should use the attorney's for a form. They should also plead "affirmative defenses" of mistake of party and statute of limit.ations. The pleading they file should be a "sworn pleading" and attach an affidavit. Again, use one that has already been filed by an attorney as a guide.

They really should hire an attorney to help though. It would be a shame for them to mess up and lose a suit when they aren't the proper party.

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