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WhatAboutMe

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  1. When I got the ID I also got the Voter registration. In January before I went back to PR I applied for Homestead since I wasn't going to be able to return for a few months. I guess that's it for the SOL. Anyway, it was going to be hard to use the SOL from PR since it's so confusing.
  2. Yes, I was available to be served in PR. I changed my PR ID to a FL ID when I went in December 2017. I bought a house before Maria, but didn't move to FL when I bought it. Would a change of ID be considered moving? RULE 1.510.SUMMARY JUDGMENT(a)For Claimant.A party seeking to recover on a claim, counterclaim, crossclaim, or third-party claim or to obtain a declaratory judgment may move for a summary judgment in that party’s favor on all or any part thereof with or without supporting affidavitsat any time after the expiration of 20 days from the commencement of the action or after service of a motion for summary judgment by the adverse party.(b)For Defending Party.A party against whom a claim, counterclaim, crossclaim, or third-party claim is asserted or a declaratory judgment is sought may move for a summary judgment in that party’s favor as to all or any part thereof at any time with or without supporting affidavits. I did file an answer to the initial summons which came with a 20 day deadline.
  3. This is from the Florida Rules of Civil Procedure RULE 1.190.AMENDED AND SUPPLEMENTAL PLEADINGS(a)Amendments.A party may amend a pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed on the trial calendar, may so amend it at any time within 20 days after it is served. Otherwise a party may amend a pleading only by leave of court or by written consent of the adverse party. If a party files a motion to amend a pleading, the party shall attach the proposed amended pleading to the motion. Leave of court shall be given freely when justice so requires. A party shall plead in response to an amended pleading within 10 days after service of the amended pleading unless the court otherwise orders. So I just go to the clerk and ask for permission of the court to amend it? Do I have to have the MTC form ready? I'm not sure how all of this works, please excuse my ignorance. With regards to the one with the MSJ, is it the same process of going to the clerk and asking for permission to amend it? Also, how do I go about doing an opposition to the MSJ?
  4. There seems to be no deadline from the copies I received of the MSJ, but for the initial summons it did say 20 days. Last payment was June 2015. I changed my ID at the end of 2017 after I bought a house in FL(after the hurricane), but returned to PR in Jan 2018 and stayed in PR until September, then flew to FL, then back to PR in November. Yes, I still go back and forth to PR, but this year I have lived more in FL than PR.
  5. I now know that I should have done better research. 😞 After trying to find the SOL law for PR accounts--it's quite confusing because it has 3 years for somethings and 5 for others, but it's not very clear and every attorney I have called has giving me different time frames. I think I won't be able to use it. I really wished I had found this site before I answered. Also, I talk to a lawyer and the person told me that the affidavit and one of my affirmative answers can be strike, but that all I'm doing is delaying the inevitable. The lawyer wanted me to hire him, but the cost of hiring him plus a settlement with midland was not going to change the amount that much with him(and the fact that he pulled up the SOL for Spain did't give me much confidence in him). Do you think it's better to try and negotiate a settlement now that it's harder for me going forward? If I have to settle--then I would want at least a 50% reduction, but paying a lawyer for a MAYBE is very depressing. I also have 2 more accounts where I answered in the same manner, but have not received any further communication since it's from another law firm. I really messed up.
  6. No, they just sent a few statements. I found the credit card(sams personal/synchrony) agreement online and it has an arbitration clause. Here is my thread: https://www.creditinfocenter.com/community/topic/331117-sued-by-midland-in-florida-need-help/
  7. After reading a lot on this site about arbitration--I'm a bit overwhelmed and not sure if I'm able to use it at this stage. I got a summons in April and answered it the best I could. 10 days ago they filed a Motion of summary judgement, I received the MSJ about 5 days later in the mail. I don't know what to do. In the summons I denied everything with a template I found and copy/pasted it saying, "I'm without sufficient information to admit or deny the allegations contained therefore I deny them." My affirmative defense was stating the SOL from Puerto Rico(not the law, but just my understanding of the time frame) and a vague reference to an account open and closed in PR. I started a thread in the lawyer in the house. I think I messed up.
  8. I received a summons a few months ago and I promptly responded to the summons denying the debt, but adding that if there was any actual debt I affirmed the SOL of Puerto Rico. Now, I recently received a MSJ from Midland's lawyers by mail and need help on how to proceed. I did find an error within the affidavit from the MSJ which would allowed to at least issue a MTS on that. Also, the original summons's affidavit was not notarized, but I didn't noticed it at the time. The debt is from Puerto Rico and as far as I know the SOL(3years) has passed. I want to add that the law firm ignored my use of the SOL of Puerto Rico and instead decided to apply the FL SOL on their Motion of Summary Judgement. They also claim I didn't deny the debt when I answered their initial summons, I did. 1. Who is the named plaintiff in the suit? Midland 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) A FL firm 3. How much are you being sued for? $4000(not actual amount) 4. Who is the original creditor? (if not the Plaintiff) Synchrony 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? I believe so 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None to my knowledge 9. What state and county do you live in? Florida now, but the accounts were made in Puerto Rico(I still live there) 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2015 11. When did you open the account (looking to establish what card agreement may be applicable)? Not certain, but a long time ago. 12. What is the SOL on the debt? To find out: FL is 4, but PR is 3 if I’m not mistaken. 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). I did an initial denial letter of the debt and included that the SOL had passed. I just received a MSJ from them. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Not yet. 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No. 16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Original summons Breach of Contract *Action for damages that exceeds $XXXX and is within this jurisdictional limit court *Plaintiff believes that defendant currently resides within the jurisdiction of this court to bring suit *Synchrony issued defendant account XXXXXX *Midland acquired defendant’s account and as such is entitled to all rights from the OC *Defendant has failed or refused to pay owing on the account *Plaintiff and its predecessor have performed all promises, conditions as required *This is an attempt to collect a debt all info obtained will be used for that *Defendant had transactions with the OC where the parties agreed on the balance *Statements were rendered monthly and at no point did defendant object to the charges *By paying monthly to the OC, the defendant accepted the balance *Defendant owes Plaintiff, Midland the amount of $XXXX 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. An affidavit, old statements and the bill of sale. The affidavit from the summons was not notarized, it just had a specialist from Midland swearing about the information.
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