Marcadis & Associates Attempt to Collect Debt Past Statute of Limitations Tampa Florida
I received a summons to appear before the Magistrate in my county in regard to a lawsuit filed by Marcadis and Associates (this was their first and only contact with me). The debt they are attempting to collect has had no activity since June, 2000. I informed the Magistrate that I did want to go to trial, as the debt is past the statute of limitations.
I printed my current EquiFax credit report and the debt has already dropped off the report, so I went to my credit union where I applied for a loan in 2006. They had the credit report listing the debt with last activity in 6/00, however, they would not let me have a copy of it. I have one other place where I applied for a loan in 2006 so I am hoping to be able to get a copy of that report. Is it my burden of proof to show that the debt has had no activity since 2000? If so, once I get notice of a trial date, at that time should I make a motion to quash based on the age of the debt? Is that motion by letter or is there a special form I should fill out?
Any help is appreciated.
Janet
Milton, Florida
U.S.A.
4 Updates & Rebuttals
John
Louisville,Kentucky,
U.S.A.
Advise...
#5Consumer Comment
Tue, April 22, 2008
Janet,
It is critically important that you appear in court on the designated day. DO NOT under any circumstances be a "no show." This is exactly what Marcadis & Associates wants you to do. No show = default judgment. These sleazy debt collection firms love to play the default judgment game on ancient debt that is outside the state of limitations. They know that many people will not show up in court, thinking that it is not important....so when they don't show up....the judge gives a default judgment to Marcadis & Associates...even if they don't owe the debt or if it's outside the statue of limitations.
In the interim, send a letter via Registered Mail with Return Receipt to Marcadis & Associates stating:
Per the Fair Debt Collection Practices Act, I am requesting written validation of this alleged debt and validation that said alleged debt is within the statue of limitations.
Do not write anything else. DO NOT sign your name on the letter. Sleazy debt collectors have been known to pull off signatures and place them on forged documents to use against you.
DO NOT admit to this debt in any form. Refer to it only as "alleged" debt.
John
Louisville,Kentucky,
U.S.A.
Advise...
#5Consumer Comment
Tue, April 22, 2008
Janet,
It is critically important that you appear in court on the designated day. DO NOT under any circumstances be a "no show." This is exactly what Marcadis & Associates wants you to do. No show = default judgment. These sleazy debt collection firms love to play the default judgment game on ancient debt that is outside the state of limitations. They know that many people will not show up in court, thinking that it is not important....so when they don't show up....the judge gives a default judgment to Marcadis & Associates...even if they don't owe the debt or if it's outside the statue of limitations.
In the interim, send a letter via Registered Mail with Return Receipt to Marcadis & Associates stating:
Per the Fair Debt Collection Practices Act, I am requesting written validation of this alleged debt and validation that said alleged debt is within the statue of limitations.
Do not write anything else. DO NOT sign your name on the letter. Sleazy debt collectors have been known to pull off signatures and place them on forged documents to use against you.
DO NOT admit to this debt in any form. Refer to it only as "alleged" debt.
John
Louisville,Kentucky,
U.S.A.
Advise...
#5Consumer Comment
Tue, April 22, 2008
Janet,
It is critically important that you appear in court on the designated day. DO NOT under any circumstances be a "no show." This is exactly what Marcadis & Associates wants you to do. No show = default judgment. These sleazy debt collection firms love to play the default judgment game on ancient debt that is outside the state of limitations. They know that many people will not show up in court, thinking that it is not important....so when they don't show up....the judge gives a default judgment to Marcadis & Associates...even if they don't owe the debt or if it's outside the statue of limitations.
In the interim, send a letter via Registered Mail with Return Receipt to Marcadis & Associates stating:
Per the Fair Debt Collection Practices Act, I am requesting written validation of this alleged debt and validation that said alleged debt is within the statue of limitations.
Do not write anything else. DO NOT sign your name on the letter. Sleazy debt collectors have been known to pull off signatures and place them on forged documents to use against you.
DO NOT admit to this debt in any form. Refer to it only as "alleged" debt.
John
Louisville,Kentucky,
U.S.A.
Advise...
#5Consumer Comment
Tue, April 22, 2008
Janet,
It is critically important that you appear in court on the designated day. DO NOT under any circumstances be a "no show." This is exactly what Marcadis & Associates wants you to do. No show = default judgment. These sleazy debt collection firms love to play the default judgment game on ancient debt that is outside the state of limitations. They know that many people will not show up in court, thinking that it is not important....so when they don't show up....the judge gives a default judgment to Marcadis & Associates...even if they don't owe the debt or if it's outside the statue of limitations.
In the interim, send a letter via Registered Mail with Return Receipt to Marcadis & Associates stating:
Per the Fair Debt Collection Practices Act, I am requesting written validation of this alleged debt and validation that said alleged debt is within the statue of limitations.
Do not write anything else. DO NOT sign your name on the letter. Sleazy debt collectors have been known to pull off signatures and place them on forged documents to use against you.
DO NOT admit to this debt in any form. Refer to it only as "alleged" debt.