Legal Question in Credit and Debt Law in Florida
I have a credit card debt that originated in the state of Alabama. I havn't made any paymentts or made any arrangements with my creditor or the creditor they sold my account to in 3 years 3 months plus. The statue of limitation is 3 yrs in Alabama, but i now live in Florida and their statue is 4 years. I have been in Florida for nearly two years. I filed my taxes as a Florida resident and have an address their if this makes a difference. I also maintain an Alabama state ID and Drivers License. I received a summons to appear in court ( it was in the crack of my door at my Florida home). Do I have to show up for court? What statue you comes into play Alabama or Florida?
5 Answers from Attorneys
Forget the issue concerning the statute of limitations. The reason I say this is that the statute of limitations many times is controlled by the agreement you signed. For example, even though you may have taken your credit card out while a resident of Alabama, the contract may say another state's statute of limitations applies. This has to be figured out by examining the contract you signed. However, these cases are won and lost generally not on the statute of limitations. I strongly suggest that you contact a consumer lawyer to represent you in this matter. I handled these cases all over the state of Florida and have yet to have lost one case. I do not take all cases. Nevertheless, you may choose to hire someone in your area. Go to www.consumerlawyerhelp.com and look for a NACA a lawyer in your area by clicking on to the NACA link.
Good luck.
Agreed. Regarding the summons and complaint, it is important to answer it
and to appear for any hearings. Such debt collectors thrive on obtaining
summary judgments when defendants decide not to appear in court or
even answer the complaint. Of course, you should be represented by
an experienced attorney in debt collection; you might visit a site with
which I have no connection but has excellent information:
http://www.consumerlawyerhelp.com/ And the statute of limitations is
just one of several possible defenses.
What court? Florida or Alabama. Florida courts should use the shorter of the Statute of Limitations.
Do not default.
It also does not sound like they have good service of process on you. Feel free to contact my office for a free consultation. www.behrenlaw.com