Florida SOL Question

Darlene · 03-27-2007, 12:18 PM

My brother had a lot of credit card debt. He has 2 situations going on.

Discover, not sure if its them or CA, sent someone to the door he thought was a process server to take him to court. Not sure if he was in or out of SOL. He went to what he thought was court and ended up in an attorneys office to settle his debt with them. He has not paid them anything yet but thinks he signed an agreement for a payment plan to repay the debt. Has he restarted the SOL? I haven't connected with him yet to see his credit reports to determine SOL.

Circuit City called him and a few weeks ago he sent them a $100.00 payment after he was likely past the SOL. He was about to send them another chunk of money before he contemplated BK. In Florida does making a payment restart SOL? Isn't the SOL calculated from date of last payment?

Trying to give him advise, would hate to see him file BK if he is past SOL on most of his accounts.

roybean · 03-27-2007, 01:22 PM

He ended up in an attorney's office

They sent someone to his door

Edit any personal info, but I need to know some more info and Enigma knows Florida consumer law quite well. He'll holler in a while.

Enigma · 03-27-2007, 02:37 PM

Immediately call and then write the attorney via CMRRR rescinding any agreement he entered into.

If he is filing BK tell the attorney that too.

The attorney would not happen to be Borack and Associates would it?

The file a complaint with the FL Bar.

Making a partial payment in FL does not restart the SOL as long as the account was not brought current.

Does he have a BK attorney?

ETA - correct sentence.

CrzyAmeriCan · 03-28-2007, 11:33 AM

Quote:

Originally Posted by Enigma

Making a partial payment in FL does not restart the SOL as long as the account was brought current.

You mean was not brought current. Correct?

Enigma · 03-28-2007, 03:01 PM

Quote:

Originally Posted by CrzyAmeriCan

You mean was not brought current. Correct?

OOOPS, I hate when I think faster than I can type.

Good catch.

Darlene · 03-28-2007, 05:53 PM

Quote:

Immediately call and then write the attorney via CMRRR rescinding any agreement he entered into.

If he is filing BK tell the attorney that too.

The attorney would not happen to be Borack and Associates would it?

The file a complaint with the FL Bar.

Making a partial payment in FL does not restart the SOL as long as the account was not brought current.

Does he have a BK attorney?

Any wording you can suggest to rescind what he signed? He is coming over tomorrow so we can work on it. Borack and Associates did not ring a bell but he is going to check his paperwork when he drops by. The name Stewart came to mind he said but he isn't for sure.

He does not have a BK atty yet. I was going to look at his reports to see which accounts are within SOL to determine if he should or shouldn't.

Glad to hear about the partial payment I was not sure if in Fl it restarted SOL. He is very relieved.

Thanks Enigma...Pale said you would steer me in the right direction.

jlynn · 03-28-2007, 10:22 PM

Quote:

Originally Posted by Darlene

Any wording you can suggest to rescind what he signed?

Need to know what he signed, whether he admitted anything, etc.

Darlene · 03-29-2007, 09:28 PM

I connected with my brother and looked at his credit report and I have seen the papers he received to appear in court. They may have been legit court docs. Tell me what you think.

Discover Card DOLA was 01/02 he received this paperwork 10/06. Notice to appear for pretrial conference/mediation. It was Credigy Receivables vs. Darlene's brother. Complaint on Contract, Open Account and Unjust Enrichment.

When he arrived he ended up in a small room with an attorney and a mediator. He had no clue what his rights were. He has a joint Stipulation to agree to pay 155.00 per month until paid in full. He is supposed to mail payments to Stewart & Associates, P.C.

As for the Circuit City issue he did not pay them and he says DOLA is the same as Discover. His report shows an incorrect DOLA as its being reported by a CA.

He did not have an attorney or get legal advice of coarse. They told him he either had to take the payment plan or settle for 3k. He did not think he had any other options.

Enigma · 03-30-2007, 02:08 AM

A few questions.

Is your brother considered head of household?

Does he own a home in FL? Does he own more than one home in FL?

Does he have a vehicle? Is it paid for and if paid for is the value of the vehicle greater than $1000.00.

If your bother is head of house hold, the attorneys and judgment holders may not be able to garnish his wages.

If he has a vehicle that has a lien on it by a lender, it cannot be touched.

If he is going to file BK now is the time to do it.

If he is what is called judgment proof, even though he has judgments against him, and if he chooses not to pay them, then there is nothing the judgment holder can do about it.

If he chooses to sned Stewert and Assoc. $5 a month then that is all they get.

Enigma · 03-30-2007, 02:10 AM

BTW - since he has judgments against him first thing Friday, CLOSE ALL BANK ACCOUNTS and STOP ALL DIRECT DEPOSITS.

He needs to do this to keep the attorneys and judgment creditors from garnishing his accounts.

Darlene · 03-30-2007, 03:44 PM

Quote:

A few questions.

Is your brother considered head of household?

Does he own a home in FL? Does he own more than one home in FL?

Does he have a vehicle? Is it paid for and if paid for is the value of the vehicle greater than $1000.00.

If your bother is head of house hold, the attorneys and judgment holders may not be able to garnish his wages.

If he has a vehicle that has a lien on it by a lender, it cannot be touched.

If he is going to file BK now is the time to do it.

If he is what is called judgment proof, even though he has judgments against him, and if he chooses not to pay them, then there is nothing the judgment holder can do about it.

If he chooses to sned Stewert and Assoc. $5 a month then that is all they get.

He is single with no dependents lives by himself
(not sure if that qualifies as head of household)
Not sure what qualifies for head of household?

He does not own a home
Car not in his name

As far as the BK I have reviewed his reports and the Discover and Circuit City were the largest accounts he had and there are a few small collections that may be within SOL, so I am not sure he should.

He has no direct deposit and does not keep very much in his accounts. I wonder if they garnish his bank account if the bank is obligated to notify him or do they wait till he shows up to cash a check. Just curious.

I am pretty sure he is judgement proof. I cannot thank you enough you have been helpful to me on this site with my HIPAA questions and I am very appreciative of your input.

Thanks : )

jlynn · 03-30-2007, 04:06 PM

Quote:

Originally Posted by Darlene

Notice to appear for pretrial conference/mediation.

Was he served with the Original Complaint? Notice of pre-trial conference should not have been the first time he was served with any papers.

rubyruby27 · 03-30-2007, 06:21 PM

No he is not HoH.

They can garnish his wages. They can freeze his bank acct.

Something is fishy about being served by a process server and being escorted to the courthouse by the process server to see an attorney and mediatior?

In Florida you recieve NOTICE OF PRE-TRIAL HEARING, when you show up in court you either admit or deny. If a mediator is available they may mediate at that time.

You need to go to the court house and look at those mediation papers and then verify the mediator was appointed by the courts and not hired by the attorney who is pulling a fast one on him.

rubyruby27 · 03-30-2007, 06:24 PM

You need to find out if this is common in his county for this procedure to occur like this.

Process servers don't take you to court and they don't lead you to a room in the court house to see an attorney.

This just doesn't make any sense.

Darlene · 03-31-2007, 07:22 PM

Quote:

Was he served with the Original Complaint? Notice of Pre-trial conference should not have been the first time he was served with any papers.

He says the Notice of Pretrial was the first time he was served with any papers.

He lives in Orange County, Florida (Orlando).

He went there without an attorney and had no clue what was happening.

acebo · 04-01-2007, 12:21 AM

Quote:

Originally Posted by rubyruby27

Process servers don't take you to court and they don't lead you to a room in the court house to see an attorney.

I don't get this. A process server says "come with me now," and he goes???? Doesn't everyone watch "Law & Order?"

Pale Rider · 04-01-2007, 01:17 AM

Quote:

Originally Posted by acebo

I don't get this. A process server says "come with me now," and he goes???? Doesn't everyone watch "Law & Order?"

The appropriate responses were:

"Make me."

or

"Let's see if you can outrun my pit bull."

Seriously though, I would be checking to see if it was a real process server. If he was not and misrepresented himself as any type of law enforcement, I would be finding a lawyer to sue these people out of existence.

Darlene · 04-02-2007, 12:42 PM

He received a summons to go to a pretrial hearing, he showed up to the hearing on the date of his summons. After arriving he was sent to a small room with an attorney for Discover and a mediator and was told he had 2 choices, settle or payment arrangement.

The process server did not "take him to court" she gave him the summons to go there. When he told me it did not sound legit.

After seeing his paperwork that I described earlier it was a true court summons.

jlynn · 04-02-2007, 01:39 PM

Quote:

Originally Posted by Darlene

After seeing his paperwork that I described earlier it was a true court summons.

It probably was a true summons, however I don't believe there can be a pretrial conference, without a complaint and an opportunity to answer the complaint.

Your brother needs to go down to the courthouse where the case was filed and get copies of all documentation. You need to see how they say he was served with the original complaint.