Used WhyChat's Florida SOL defense - outcome
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Posted by SunnyD
(63.121.87.156) on February 03, 2004 at 04:59:01:
A while back I posted on this board. In August 2003 I got a summons for a credit card (visa) debt dated Jun 1999. The summons contained only a signed application for the credit card. It also stated an amount owed, but did not include any documentation about how the amount was arrived at. So according to the Florida statutes, the debt is past SOL (more than 4 years) - right ? So this is what has happened so far : 1. I answered the summons within 20 days of receiving it using the SOL defense 2. Attorneys (Kahn and Gutter) wrote back about 3 weeks later saying that I was quoting fancy laws and had better call their office and arrange a settlement. 3. I did not respond either in writing or by telephone. 4. Yesterday (about 4 months after the original summons), I received a notice of hearing for a verified motion of summary judgement. 5. The letter contained the handwritten line *Counsel for plaintiff to appear telephonically* so I assume that the debt collection lawyer will be phoning in. 6. The motion for summary judgement still only contains a copy of the credit card application. QUESTION : Should I file another motion to dismiss the summary judgement motion or am I obliged to show up in court ? Should I go to court and just use the SOL defense or go to court and request the evidence for the debt (since they have not provided any) ? What is the best way to proceed ? Thanks for any assistance with my questions. SunnyD.
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