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Discover Card / OC Lawsuit in FL

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I searched my clerks website this morning and found this gem from 2011!


1. Who is the named plaintiff in the suit? DISCOVER BANK


2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Erskine & Fleisher


3. How much are you being sued for? $6000+ 


4. Who is the original creditor? (if not the Plaintiff) DISCOVER BANK

5. How do you know you are being sued? (You were served, right?) Not Served, Found on Court Website


6. How were you served? (Mail, In person, Notice on door) Not Applicable Yet


7. Was the service legal as required by your state? Not Applicable Yet


8. What was your correspondence (if any) with the people suing you before you think you were being sued? Nothing


9. What state and county do you live in? Florida


10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Dec 2009 (DOFD Shows Aug 2009)

11. What is the SOL on the debt? 4 years per FL / 3 years Per DE (Discover Agreement / Choice of Law)


12. 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).  Complaint filed in Nov 2011 and 4 Summons issued to serve since Nov 2011. The last summons was issued a few days ago. Not sure where they are trying to serve me


13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, many years ago

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. Yes, many years ago.


15. 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? Not Applicable Yet

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

Unknown as I have not been served.



At this point, if I go by the DOFD and the 3 year SOL wouldn't they be out of bounds to sue me in Nov 2011? 

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The date of first delinquency and the date of last payment are not always the same.  The DOFD is a date that you were late. 


For instance, a payment was due 01/15/2009, but you failed to pay.  The DOFD would be 01/15/2009.   The next month, your minimum payment would be higher because it would include a late fee.  If you make the required minimum payment, bring the account back to a current status, and were not late again, the DOFD would not change.


If a year later, you miss another payment, the DOFD would change to reflect that late payment.   So, as you can see, the DOFD doesn't necessarily mean that it reflects the last payment you ever made.


It appears you have a judgment against you.  Did you ever receive a summons and complaint?   If not, you need to go to the courthouse, look at your file, and find out how they claim you were served.

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Nope, no judgement. Service hasn't been completed, just multiple attempts and returned unserved. They are on attempt number 4, not sure where they are trying to serve me. What does the SOL go by, Date for First Default or Date of Last Payment? Because if it is Date of First Default, the SOL for DE was past when they filed the suit back in Nov 2011. If it is the date of last payment, then they made it by a month or so. Not sure I want to poke the bear. If they dismiss, the SOL is long past even for FL at 4 years. It is scheduled to fall off my credit in the summer of 2016.

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