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Collections Law/Summons, Debt Collection Agency, SOL

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Expert: Michael Brotherton - 10/14/2008


Question
In 2003 , I was laid off from a great paying job and got behind on my credit cards, I tried to enter a credit counseling service but after a few months, most of my creditors backed out and wanted full interest (after accepting payments and me abiding 100%).  I had no choice but to go in default.  Most of these creditors charged off my accounts in between December 2003, and August 2004.  Now I have Asset Acceptance on my credit bureau for all thes accounts and inflated balances.  Today I received Notice to Appear for pre-trial conference on one of these debts in 2 weeks.  In the information packet there is only Bill of Sale from original creditor to collection agency in May 2005.  And credit turms of the original creditor.  I do not understand how they can keep coming after me for these debts from over 5 years ago.  I believe statute of limitations is 4 years in florida, which has expired, is this enough for me to inform the judge?  I printed my credit report -is that enough evidence of this?  This really worries me, another debt purchased by the same agency has been inflated from 3K to over 12K by Asset.
I appreciate your time and assistance.

Answer
You are correct about the SOL. And this would be sufficient reason to ask for the case to be dismissed. You need to file an answer and ask that the case be dismissed on that basis. The judge is obligated to dismiss the case as long as you can prove the DLA (Date of last activity). The credit report should be sufficient proof since the information is actually reported by the original creditor but If you have additional evidence of the DLA it wouldn't hurt. If the collection agency disputes your assertions demand that they provide proof of DLA. Go back on your records (bank accounts, cancelled checks, etc) and research your records to make sure of the DLA. This is key to your defense.

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Michael Brotherton

Expertise

Consumer/Debtor Rights Advocate. Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years. Mike is well versed in Loss Mitigation practices and the legal collection process. He has helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com. FinancialEmergency.com is a consumer web site which actively promotes Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY. Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be. Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems. www.financialemergency.com (copy and paste in browser).

Experience

Over 40 years combined experience negotiating disputes and resolving financial issues related to consumer debt, corporate issues and mortgage modifications.

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