Legal Question in Credit and Debt Law in Florida
being sued for old debt
My husband has just reciecved 2 summonses from 2 seperate companies. They are both suing him on 2 differant charged off accounts. The first one is from Midland Funding LLC, they are suing him for $1900, but we dont know what debt they bought, or the actual amount owed at the time the debt was bought. The other company is Cach LLC and they are suing him for $3525 on an acount that was charged off on 07/06 with a $0 balance. What should he do?
4 Answers from Attorneys
Re: being sued for old debt
In short, seek the assistance of a local consumer lawyer. A consultation from the local bar association is usually quite inexpensive and worth the effort. There are simply more questions in the narrative that you have written than answers that I can confidently give.
Re: being sued for old debt
You should consult with counsel. It is hard to determine whether the accounts were charged off with prejudice or without. If without they can still come after you within the statute of limitations. To determine the debt on the 1st one, write to the collection agency and say you dispute the debt and seek validation of the debt and source pursuan to the Fair Debt Collection Practices Act. Once you find out what the debt is, a further analysis can be made. If you would like to contact my office for a consultation, please call.
Re: being sued for old debt
My firm has been very successful in defeating these types of claims by purchasers of debt and have typically gotten the cases dismissed and an award of attorneys fees. Feel free to call my office and to fax us your court papers so we can discuss further.
Scott Behren
Re: being sued for old debt
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
It is very possible that the Statute of Limitations on your debt has passed. You should speak with a consumer law attorney who can review all of the facts of the case with you. If they believe that you have a case, they may take the matter without any payment up front and simply seek attorney's fees from the creditor. Good luck.
Scott R. Jay, Esq.