Which State Governs My Rights With Debt Collectors?

by Elizabeth
(Pompano Beach Florida, usa)

i took out a credit card 1999 in vermont. Due to the loss of my job, I did not make a payment on it since 7/2003 when i lived in vermont.

An atty's firm took it over 2008 in florida and are trying to serve me papers to appear in court. What state does this fall under for statues of limitation, as now i live in florida and have been since sept 2003?

It is going to the civil division of county court. i have tried to settle a $3100.00 debt for 1/2. Do i have any recourse against them at this point?

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May 09, 2009
 Being sued for debt
by: Gerri

We can't offer legal advice specific to your situation, but typically the laws of the state in which you reside are applied to these cases. That's because the courts recognize it could be difficult for the consumer to travel to another state to defend him or herself.

In your case, you are being sued in Florida so you'll need to understand your rights in Florida. If you haven't made a payment in five years, then it sounds to me like the statute of limitations has expired. That would mean you could show up in court, explain to the judge that the debt is too old, and the company suing you would lose.

But it wouldn't hurt for you to consult with a consumer law attorney. If you have a good case, he or she may be willing to take your case on a contingent fee basis. At any rate, a single consultation shouldn't be expensive, and may give you some ammunition.

Please let us know what happens!

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