Complaint Review: Asset Acceptance

I'm not an attorney, so I can't tell you want to say.

But, you need to file your answer to there complaint, before the time expires,or they well get a default judgement.

google Florida civil laws, read the rule 1.140 defenses.

you can file a motion for a more definite statement, There complaint has to be vague and your not able to answer because of that, and you got to point out the defects. Most courts view this defences as stalling, not all, some

these collection agenies and attorney's count on you now showing up, or not sending in your answers in time and then move for a judgement.

read what was posted before and see if any of what was written can apply for you, try contacting legal aid there in Pinellas. I don't know what part of St. Pete you live in, in Gulfport, on Gulfport Blvd, there a law school, their law library was open to the public, at least went I went to classes there.

you have 20 days to answer the complaint, the easiest answer to a summon with a debt collector, is what was written already for you, if it applies. you want to do a sworn denial and it needs to be a graduated denial.. The most important thing you want to do right now is eliminate there sworn affavit of account, and to make sure you use the affirmitive defense of statute of limitation, if you don't place it in your answers, there is a very good chance you can not bring it up at trial and never on appeal.

Start using your computer to look up florida laws and civil rules, being pro-se is hard, but not impossible.

get your discovery out and your request for admisions,and interrogatories, anything you send to there attorney, file a copy with the court on the same day you mail it and get the clerk to time stamp, most collection agency can't come up with the original contract, so they will use there own set of interrogatories to trip you up, get you to admit to the debt.

sorry, I can't be of more help. BE WARNED, COLLECTION AGENCIES AND THERE LAWYERS READ THIS SITE, SO DON'T PUT IN ANY INFORMATION THAT'S PERSONALS AND THEY WILL USE WHAT IS SAID HERE AGAINST YOU, IF THEY CAN LINK IT TO YOU.

good luck, John and any advice you get here on the interent, you must check it against the laws and rules in your state.

Maybe Steve from Florida will come along with better advice, he's dealt with collection agencies and the civil part of it, I dealt mostly with criminal and it two very different worlds.

I'm not an attorney, so I can't tell you want to say.

But, you need to file your answer to there complaint, before the time expires,or they well get a default judgement.

google Florida civil laws, read the rule 1.140 defenses.

you can file a motion for a more definite statement, There complaint has to be vague and your not able to answer because of that, and you got to point out the defects. Most courts view this defences as stalling, not all, some

these collection agenies and attorney's count on you now showing up, or not sending in your answers in time and then move for a judgement.

read what was posted before and see if any of what was written can apply for you, try contacting legal aid there in Pinellas. I don't know what part of St. Pete you live in, in Gulfport, on Gulfport Blvd, there a law school, their law library was open to the public, at least went I went to classes there.

you have 20 days to answer the complaint, the easiest answer to a summon with a debt collector, is what was written already for you, if it applies. you want to do a sworn denial and it needs to be a graduated denial.. The most important thing you want to do right now is eliminate there sworn affavit of account, and to make sure you use the affirmitive defense of statute of limitation, if you don't place it in your answers, there is a very good chance you can not bring it up at trial and never on appeal.

Start using your computer to look up florida laws and civil rules, being pro-se is hard, but not impossible.

get your discovery out and your request for admisions,and interrogatories, anything you send to there attorney, file a copy with the court on the same day you mail it and get the clerk to time stamp, most collection agency can't come up with the original contract, so they will use there own set of interrogatories to trip you up, get you to admit to the debt.

sorry, I can't be of more help. BE WARNED, COLLECTION AGENCIES AND THERE LAWYERS READ THIS SITE, SO DON'T PUT IN ANY INFORMATION THAT'S PERSONALS AND THEY WILL USE WHAT IS SAID HERE AGAINST YOU, IF THEY CAN LINK IT TO YOU.

good luck, John and any advice you get here on the interent, you must check it against the laws and rules in your state.

Maybe Steve from Florida will come along with better advice, he's dealt with collection agencies and the civil part of it, I dealt mostly with criminal and it two very different worlds.

I'm not an attorney, so I can't tell you want to say.

But, you need to file your answer to there complaint, before the time expires,or they well get a default judgement.

google Florida civil laws, read the rule 1.140 defenses.

you can file a motion for a more definite statement, There complaint has to be vague and your not able to answer because of that, and you got to point out the defects. Most courts view this defences as stalling, not all, some

these collection agenies and attorney's count on you now showing up, or not sending in your answers in time and then move for a judgement.

read what was posted before and see if any of what was written can apply for you, try contacting legal aid there in Pinellas. I don't know what part of St. Pete you live in, in Gulfport, on Gulfport Blvd, there a law school, their law library was open to the public, at least went I went to classes there.

you have 20 days to answer the complaint, the easiest answer to a summon with a debt collector, is what was written already for you, if it applies. you want to do a sworn denial and it needs to be a graduated denial.. The most important thing you want to do right now is eliminate there sworn affavit of account, and to make sure you use the affirmitive defense of statute of limitation, if you don't place it in your answers, there is a very good chance you can not bring it up at trial and never on appeal.

Start using your computer to look up florida laws and civil rules, being pro-se is hard, but not impossible.

get your discovery out and your request for admisions,and interrogatories, anything you send to there attorney, file a copy with the court on the same day you mail it and get the clerk to time stamp, most collection agency can't come up with the original contract, so they will use there own set of interrogatories to trip you up, get you to admit to the debt.

sorry, I can't be of more help. BE WARNED, COLLECTION AGENCIES AND THERE LAWYERS READ THIS SITE, SO DON'T PUT IN ANY INFORMATION THAT'S PERSONALS AND THEY WILL USE WHAT IS SAID HERE AGAINST YOU, IF THEY CAN LINK IT TO YOU.

good luck, John and any advice you get here on the interent, you must check it against the laws and rules in your state.

Maybe Steve from Florida will come along with better advice, he's dealt with collection agencies and the civil part of it, I dealt mostly with criminal and it two very different worlds.

I'm not an attorney, so I can't tell you want to say.

But, you need to file your answer to there complaint, before the time expires,or they well get a default judgement.

google Florida civil laws, read the rule 1.140 defenses.

you can file a motion for a more definite statement, There complaint has to be vague and your not able to answer because of that, and you got to point out the defects. Most courts view this defences as stalling, not all, some

these collection agenies and attorney's count on you now showing up, or not sending in your answers in time and then move for a judgement.

read what was posted before and see if any of what was written can apply for you, try contacting legal aid there in Pinellas. I don't know what part of St. Pete you live in, in Gulfport, on Gulfport Blvd, there a law school, their law library was open to the public, at least went I went to classes there.

you have 20 days to answer the complaint, the easiest answer to a summon with a debt collector, is what was written already for you, if it applies. you want to do a sworn denial and it needs to be a graduated denial.. The most important thing you want to do right now is eliminate there sworn affavit of account, and to make sure you use the affirmitive defense of statute of limitation, if you don't place it in your answers, there is a very good chance you can not bring it up at trial and never on appeal.

Start using your computer to look up florida laws and civil rules, being pro-se is hard, but not impossible.

get your discovery out and your request for admisions,and interrogatories, anything you send to there attorney, file a copy with the court on the same day you mail it and get the clerk to time stamp, most collection agency can't come up with the original contract, so they will use there own set of interrogatories to trip you up, get you to admit to the debt.

sorry, I can't be of more help. BE WARNED, COLLECTION AGENCIES AND THERE LAWYERS READ THIS SITE, SO DON'T PUT IN ANY INFORMATION THAT'S PERSONALS AND THEY WILL USE WHAT IS SAID HERE AGAINST YOU, IF THEY CAN LINK IT TO YOU.

good luck, John and any advice you get here on the interent, you must check it against the laws and rules in your state.

Maybe Steve from Florida will come along with better advice, he's dealt with collection agencies and the civil part of it, I dealt mostly with criminal and it two very different worlds.

Ok. so my question is what do I do next. I was served and I need to show up for court obiously. What do I say?

1. Ask for Bill Of Particulars?
2?
3?

states have different laws on statute of limitation.

if a contract is silent, its generally, where you signed it, but if your being sued in Florida, the statute of limitation from Florida should apply, this is where you live now.

There are statutory tolling (stopping of the clock)in some states.

the statute of limitation fall under chapter 95 Florida state statute.

Most states have laws, that if the statute of limitation has expired in your state, and you move, to another state that has higher limit when a claim can be filed. they can not file a claim.

In Florida, the statute of limitations is tolled, for Absence form the state of the person being sued, but there is an expection, that if service of process or service by publication can be made in a manner sufficient to confer jurisdiction to grant relief sought.

basically collection agencies will sue in the state that has the highest statute of limitations. Its up to you to show which state applies

On any payment they claim was made, to keep the debt within the SOL, you need to have them prove the payment was made. alot of collection agencies will make this claim, you want to see the payment, a copy of your check or money order.

If they can not produce a signed copy of any contract, they have no case, statement are not considered proof.

states have different laws on statute of limitation.

if a contract is silent, its generally, where you signed it, but if your being sued in Florida, the statute of limitation from Florida should apply, this is where you live now.

There are statutory tolling (stopping of the clock)in some states.

the statute of limitation fall under chapter 95 Florida state statute.

Most states have laws, that if the statute of limitation has expired in your state, and you move, to another state that has higher limit when a claim can be filed. they can not file a claim.

In Florida, the statute of limitations is tolled, for Absence form the state of the person being sued, but there is an expection, that if service of process or service by publication can be made in a manner sufficient to confer jurisdiction to grant relief sought.

basically collection agencies will sue in the state that has the highest statute of limitations. Its up to you to show which state applies

On any payment they claim was made, to keep the debt within the SOL, you need to have them prove the payment was made. alot of collection agencies will make this claim, you want to see the payment, a copy of your check or money order.

If they can not produce a signed copy of any contract, they have no case, statement are not considered proof.

states have different laws on statute of limitation.

if a contract is silent, its generally, where you signed it, but if your being sued in Florida, the statute of limitation from Florida should apply, this is where you live now.

There are statutory tolling (stopping of the clock)in some states.

the statute of limitation fall under chapter 95 Florida state statute.

Most states have laws, that if the statute of limitation has expired in your state, and you move, to another state that has higher limit when a claim can be filed. they can not file a claim.

In Florida, the statute of limitations is tolled, for Absence form the state of the person being sued, but there is an expection, that if service of process or service by publication can be made in a manner sufficient to confer jurisdiction to grant relief sought.

basically collection agencies will sue in the state that has the highest statute of limitations. Its up to you to show which state applies

On any payment they claim was made, to keep the debt within the SOL, you need to have them prove the payment was made. alot of collection agencies will make this claim, you want to see the payment, a copy of your check or money order.

If they can not produce a signed copy of any contract, they have no case, statement are not considered proof.

states have different laws on statute of limitation.

if a contract is silent, its generally, where you signed it, but if your being sued in Florida, the statute of limitation from Florida should apply, this is where you live now.

There are statutory tolling (stopping of the clock)in some states.

the statute of limitation fall under chapter 95 Florida state statute.

Most states have laws, that if the statute of limitation has expired in your state, and you move, to another state that has higher limit when a claim can be filed. they can not file a claim.

In Florida, the statute of limitations is tolled, for Absence form the state of the person being sued, but there is an expection, that if service of process or service by publication can be made in a manner sufficient to confer jurisdiction to grant relief sought.

basically collection agencies will sue in the state that has the highest statute of limitations. Its up to you to show which state applies

On any payment they claim was made, to keep the debt within the SOL, you need to have them prove the payment was made. alot of collection agencies will make this claim, you want to see the payment, a copy of your check or money order.

If they can not produce a signed copy of any contract, they have no case, statement are not considered proof.

I'm not an attoreny, this is not legal advice and should not be taken as so.

I just retired from down your way from PCSD.

now all courts are different in there rules, so you need to look up the proper statute numbers and rule number, just google Florida civil rules and law that would give you the best information.

if you were served a summons:
Step 1 request validation(sent to attorney)
step 2 is your answer to your summons

this is just a basic format to give you a point in the right direction.

Comes now(Johnny ?)pro-se and for his answer to plaintiff complaint

1) The defendant alledges the affirmative defenses of accord and satisfaction,laches, equitable estoppell

2)The defendant denies that he owes $$$$$ and accruint interest on the revolving charge account purchased by the plaintiff, as set forth in complaint (paragaph)

3)that the plaintiff filed this action beyond the applicable statute of limitations defense as a complete bar to plaintiff's complaint.

4) defendant never entered into a business contract with the plaintiff

5)I deny this is my debt and if it is my debt, I deny that it is still a valid debt and if if is a valid debt, I deny the amount sued for is the correct amount

6) Defendant reserves the right to amend his answer and to assest any addition defenses or neccssary counter clain(s)


step 3) discovery:

Comes the defendant(JOHNNY ?)pro-se pursuant to Florida civil rule ?? Plaintiff is directed to serve its verified answer, and to produce the requested documents on or before(30days) from the date certified below.

Interrogatory no 1. state the complete name and address of the original creditor for the revolving account under which defendant allegdly owes the plaintiff (hereafter referred to as "revolving account" as well as the date plaintiffpurchased the account.

no 2) was the revolving account opened via a written or verbal agrement?

no 3) provid a detailed accounting-principal, interest, late fee's, ect for the revolving account

no 4) provide a complete list of all witness you plan to call, name and address position within the company and what evidence they might have or give

no 5) provide a complete list of any expert witness you plan to call. there education, trainning and what evidence that can offer.

no 6) provide a complete detail account history for this debt, from the original creditor until purchased by the plaintiff.

no 7) how was this debt purchased?


request for the production. NO1) produce a copy of the signed written agreement between the original creditor and defendant for the revolving account. alternatively, produce a audio recording of any verbal agreement for the same.

no2) produce documentation supporting the accounting provided in your response to interrogatory #3.

no3)provide cancell check (front&back) in response to interrogatory#7.

no4 provide documentation of all accounting and price provided in your response to interrogatory #6

no5) produce a copy of the inital communication sent by plaintiff to defendant requarding the debt he allegedlly owes on the revolving account.

no6)produce copies of charges slips signed by defendant, with the original credtior.

no7)produce all commucnication between the original crditor, each collection agency that attempted to collect the alledge debt

no8) all other evidence, not requested by the defendant, that plaintiff may use at trial, all phone records, computer disk, information is stored on, logs, note, tapes, fax, note by witnesses, full account file.

request for admission #1 Please admit or deny this revilving account is an open account as defined under the truth in leadung act 1602.

no2) please admit or deny that the applicable statute of limitation for an open account is (4) years under Florida law.(place Fla statute here)

the ?? you need to put the florida rule number for interrogatory, discovery, request for admission.

Johnny no advice you get here can replace an attorney in your state, check any information you got from me againt the rules and laws of your state, that very important.

what I written is a fromat to help you, write it out to your situation.

good luck