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very disheartened
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Posted by need some help,please, florida
(209.215.30.36) on November 24, 2002 at 16:55:44:
hi, i have a few ?s i need some help
with i have been doing alot of reading
here, trying to learn.
1. sol- i'm in florida. if you fall behind on cc
bill, and with their late charge/or and overlimit fees .but you keep paying as much as you can each month, and it is still considered late by the cc co. is that when
the true sol starts, or is it when they charge it
off?
2. is a bad debt buyer, considered an originial creditor? i thought i read in here that only the original creditor can sue you? and how do you know that they really own that debt? can a person request or demand that they prove that they own that debt? before ever paying on it?
3. when a cc debt is past the 4 year sol, is it best when it is now at collection agency/bad debt buyer to
just send for a verfication of the debt to the cb,
and not say anything to them ?
4. i spoke to an atty. friday and he said the statute
of limitations for fla. is 5 years not 4, i told him its all over the net as 4. i cant find it in the
florida statutes, can someone email the direct link to the page or post the link up here for me, i would really
like to have the page printed right out of the statutes from the florida website, to attach to my letters of sol.
5. i've talked to 4 or 5 attys here, and they all say
why did you sign the stipulation of settlement?
re: my post afool, on 11/18/02 , they say now you
agreed to it all, so its too late, a couple of them said if you want to pay me 3000.00, i could try to get it dismissed for you, but thats its really hard.
i said oh , so the fact they filed a affadavit of account, that isnt signed by the notary that has his name stamped on it , as the notary, and that some woman signed it, doesnt matter? isnt what they did very deceptive, and maybe fraud? he said , so then they would get one that was signed properly. i told him that i dont think, knowing what i know now, that they had one bit of proof of this debt, other than some dollar amounts, and dates that are wrong,
you what how do we know that we arent paying all this money every month to jow blow, who somehow got the acct.number, and put an amt. to it.? and isn;t that enough of a reason for the judge possibly dismiss this, i know we stupidly signed this agreement, but we didnt know anything about our rights at that time, and we hadnt noticed that the affadavit wasnt legally notarized! i feel so helpless, unless you have alot of money, no attorney will help, and these crooks know that so they dont care , who they mess over, how do they sleep at night?? 6. does anyone out there know how to write up a formal letter for the civil court divison to request dismissal of a stipulation of settlement ,(this stipulation was done out of court, but their atty. filed it with the court, and if we default the judgement will be filed against us automatically)
there is no form letter for civil court, so i guess my only hope for this, is to try to do it myself, i guess we have nothing to lose, except to makethe judge mad, and to hear again probably, you signed so tuff luck idiots! boy, to we feel dumb.
goss, i had some other questions , but this is too long already.,sorry everyone.
thanks
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