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Sobe420
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I just recieved a pre-trial summons today. The pre-trial is May 20th. Only thing attached is a FDCPA nothing else. It is from a Credit Card that the last payment I made was in Dec 2003 and it was charged off in Sep 04.

When I wrote to the OC, in 07 they said it was for an Orchard Bank Card and it had a zero balance and it was sold.

So thats all I ever heard about it....Bought a house 8 months ago, today get a summons plantiff Florida Credit Solutions...for the Orchard Bank card. Never heard of Florida Credit Soulutions until tonight.

So, what should I do? The funny part is that ORchard bank sent me a credit card in the mail last week. So if I owed them 926.00 and they are using a Collection agency to sue me...Why would I get a brand new card from them?

Any help or advice would be greatly appreciated.

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Orchard has sold the old account to a JDB, near as I can tell from your post the old account is OOS, Out of Statute meaning time has passed to sue you on this debt. I would plan to go forward to trial and use the SOL as an afimitive defense and counter sue for sueing on a time barred debt. Likely a violation of FL law somewhere as well.

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SOL should still aply, Dec 03 plus 4 is Dec 07 so their attemp in 08 would be irrelevant in tolling. As far as countersueing, filling, etc, other than telling you to read you local cival rules of procedure, I can't offer much more, I have an idea of how it's done but not enough to offer real value here. I really suggest you post in the legal forum, there are some sharp legal minded folks there and more than happy to help. Good luck

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One problem is I cannot find anything showing my last payment to OC was in Dec 03. I have credit reports that it was charged off in Sept of 04...but thats it. Could they go by the sept 04 charge off which if the did..that would be sept 08...they tried to sue obvisouly in June 08....

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Look up the time barred sanctions (penalties) for your court and write them a cease and desist on this (alleged) time barred debt. let them know you are very familiar with raising the SOL as an affirmative defense and that you will ask for sanctions if this case goes any further, oh and the collection derog needs to be removed IMMEDIATELY.

:)

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