Expert: Frank Brewster - 8/3/2006

Question
Oh, it gets better. I've found a few items on my credit report that make me think that (1) my father's credit entries are getting mixed up with mine as we're Sr./Jr. at the same address, and (2) I've found a couple that I cannot identify at all, one of them also from this same company.

I also think this is a case of trying to hit a bought debt either just before or just after its SoL expires. Not sure which, though, as Florida's SoL regs are a little vague.

Does this sound like it'd give me additional avenues that I should bring up with Mr. Brewington

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Followup To

Question -
FYI: My state is Florida if it matters.

Out of nowhere I got a summons for a pretrial hearing regarding a CC that I thought was long since charged off and whacked against my credit rating. I've never heard of the company before so I hit the Internet and found out there's over 300 BBB complaints with their parent company - a large debt aggregator, naturally - over debt collection practices.

I'm not sure the debt's even collectable due to statute of limitations and I've never heard of the collector in question before, so I'm preparing a request for debt validation. (My first contact from them was a summons. Nice, huh?)

Worse, I pulled my credit reports from the "big three" and found TWO entries from this particular collector on all three reports, one of which I've never heard of before. The original debt they're suing for isn't even showing on my credit rating so I'm wondering about it.

I'm the ultimate in judgement-proof at the moment thanks to my personal economic world crashing to zero - working at a family business so I don't get paid and in turn there's nothing to garnish, no vehicle, no home, no assets, no holdings, less than a hundred bucks in the bank. You know - flat broke. Still, I'd rather not have to deal with a judgement later on if I find a means to resolve my financial nightmare in the future.

I know better than to offer or agree to ANYTHING at the upcoming hearing (two weeks from now), especialy if I don't have replies from my validation requests by then. But, what options do I have to peacably resolve this without impacting my financial future any more than absolutely necessary?

Answer -
Tom,

I get involved in the Florida litgation side of things frequently. Presuit summons?  Never heard of it.  There are so many variables here that I think in this case it is best to call one of my friends at a creditors rights law firm I deal with all the time.  John Brewington at Bethune & Associated can be reached at 602-548-2408.  Tell John I asked you to call him and he will help you.  Sounds like a debt purchaser is up to some dirty little tricks.

Answer
Tom,

You have a lot of issues that need to be addressed.  Often times credit records are confused in curcumstanced like yours.  You would know better then anyone what credit you have or don't have.  The law is clear but getting everyone to obey the law is another matter.  Give John a call.  Florida statutes are 4 years for open book.