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Hi, In 2006 a letter was delivered via regular mail to my…

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Hi, In 2006 a...
Hi, In 2006 a letter was delivered via regular mail to my house. It was not properly served to me. It said I was being taken to court for an old Discover card debt from 1999. I belonged to myfico.com at the time and checked my credit report. I never had a Discover Card and my credit report mentioned no such debt. Therefore, I ignored the letter and never went to court. A year later, a judgment popped up on my credit report in the amount of 3,000 and change. I tried fighting it with a debt negotiator and was able to remove the judgment off of one of the 3 agencies. Since then they have sold the account to another collection agency. It is now over $5,000 and I just found out today that they were never legally allowed to sue me because the Florida SOL is 5 years and this company does not even have a license to collect debts in Florida. I want to buy a house and this ius stopping me from doing so. What can I do? How can they get away with this? They have done this to several other people.
Submitted: 8 years ago.Category: Legal
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Answered in 12 minutes by:
6/13/2010
Lawyer: Lady Themis, Lawyer replied 8 years ago
Lady Themis
Lady Themis, Lawyer
Category: Legal
Satisfied Customers: 7,751
Experience: General practice experience in many areas of law
Verified

Thank you for your question.

 

You can file a motion to set aside the judgment in the court where the case was pending. Your grounds would be that the complaint was not properly served. If the complaint wasn't served on you properly, the judgment is voided, and if the debt is beyond the statute of limitations, any new lawsuit would be improper.

 

As to the issue of the statute of limitations, the court will not make that argument for you. If you fail to appear (in this case because you were not served properly), the court can enter a default judgment whether the claim has merit or not.

 

 

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