Credit Card Debt Lawsuit

Summary

You can be sued for credit card debt even if its disputed and removed from your credit report. Credit reporting and debt collection are separate issues. In Florida, the statute of limitations for credit card debt is 5 years. Its crucial to verify the legitimacy of the debt by requesting written validation from the law firm. Ensure the debt is within the statute of limitations and consider seeking legal advice. Always get everything in writing before making payments, including debt validation and payment plan agreements.

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Michelle
Hi Michelle! How can I assist you with your legal issue today?
I need to know if I can be sued for credit card debt that has previously been disputed and deleted from my credit report.
Hey Michelle! It's possible to be sued for credit card debt even if it has been disputed and deleted from your credit report. Here are some key points:
- Credit reporting and debt collection are separate issues.
- The statute of limitations for credit card debt in Florida is 5 years.
- Collection efforts can continue even if the debt is not on your credit report.
Have you received any recent communication about this debt?
I received a call from the Florida state processing unit and filing division that they received a fax from a law firm that they intended to take legal action over a debt I thought had been resolved. I called the law firm and they offered me a payment plan but I was not able to make the payment but they said it would be on hold until
Thanks for the details. It's important to understand that even if a debt has been disputed and removed from your credit report, it does not necessarily mean that the debt is resolved or that you cannot be sued for it. Here are some steps you can take:
- Verify the legitimacy of the debt: Request written validation of the debt from the law firm.
- Review the statute of limitations: Ensure that the debt is within the *-year statute of limitations for credit card debt in Florida.
- Consider seeking legal advice: Consulting with a local attorney could provide you with specific guidance and options.
Would you like to be connected with local lawyers who can better assist you with your case?
Yes
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Would you like to be connected to local lawyers who can better assist you with your case? If so, I'll need to ask a few questions to gather the necessary information.
Can you give me a bit more information about the issue?
I received a call from the Florida state processing unit and filing division that they received a fax from a law firm that they intended to take legal action over a debt I thought had been resolved. I called the law firm and they offered me a payment plan but I was not able to make the payment but they said it would be on hold until Friday. That is all the information I have so far.
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It seems like your situation might benefit from legal assistance. To connect you with local lawyers, I'll need to gather some information.
What is your phone number?
No thank you. I would rather chat.
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Understood, Michelle. Since you prefer to chat, let's continue. Given the situation, here are a few additional steps you can consider:
- Request Written Validation: Ensure you get written validation of the debt from the law firm.
- Explore Payment Plans: Check if there are any feasible payment plans that can be negotiated.
- Document Everything: Keep records of all communications and offers made.
Would you like more information on how to request written validation of the debt?
So I should get everything in writing before giving any money?
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Yes, it's crucial to get everything in writing before making any payments. This includes:
- Written Validation: Request a written validation of the debt from the law firm.
- Payment Plan Agreement: Ensure any payment plan or agreement is documented in writing.
Would you like more details on how to formally request written validation?
How is written validation of debt different from a court order?
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Hey Michelle! Here's a quick breakdown:
- Written Validation of Debt:
- A request you make to the creditor or debt collector.
- They must provide proof that you owe the debt.
- Includes details like the amount owed, the original creditor, and other relevant documentation.
- Court Order:
- Issued by a judge.
- Legally binding decision on a matter.
- Can mandate actions like wage garnishment or asset seizure if you lose a lawsuit.
Would you like more details on how to request written validation of the debt?
How is written validation different from a summons?
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Hey Michelle! Here's a quick comparison:
- Written Validation of Debt:
- Requested by you from the creditor or debt collector.
- Provides proof that you owe the debt.
- Includes details like the amount owed and the original creditor.
- Summons:
- Issued by a court.
- Notifies you of a lawsuit filed against you.
- Requires you to respond or appear in court.
Would you like more details on how to respond to a summons or on debt validation?
Will the law firm be able to provide me with the same information?
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Michelle, the law firm should be able to provide you with the same information and assistance. They can help you understand your rights and obligations, and guide you on how to respond to the debt and any legal actions.
Would you like more details on responding to a summons or on debt validation?
I would like more information on my rights involving requesting debt validation
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Given your situation, here are your rights involving requesting debt validation in Florida:
- Request Validation: You have the right to request validation of the debt within 30 days of the initial communication from the collector.
- Proof of Debt: The collector must provide proof that you owe the debt, including the amount owed and the original creditor's details.
- Cease Collection: The collector must cease collection efforts until they provide the requested validation.
Would you like specific guidance on how to formally request debt validation?
Yes
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Michelle, you can formally request debt validation by following these steps:
- Write a Letter: Draft a written request for debt validation.
- Send via Certified Mail: Ensure you send the letter via certified mail with a return receipt request.
- Keep Copies: Maintain copies of all correspondence and receipts for your records.
Would you like a sample letter template for requesting debt validation?
Yes
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Michelle, here is a sample letter template for requesting debt validation:
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[Your Name]
[Your Address]
[City, State, Zip Code]
[Date]
[Collector's Name]
[Collector's Address]
[City, State, Zip Code]
Dear [Collector's Name],
I am writing to request validation of the debt referenced in your communication dated [Date of Collector's Letter]. Under the Fair Debt Collection Practices Act (FDCPA), I have the right to request and receive verification of this debt.
Please provide the following information:
- The amount of the debt.
- The name of the original creditor.
- A copy of any judgment (if applicable).
- Proof that you are legally authorized to collect this debt.
Please consider this letter a formal dispute of the debt until proper validation is provided. Additionally, all future communication should be in writing.
Sincerely,
[Your Name]
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Would you like more information on any other aspect of your situation?
No thank you
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Michelle, you've done a great job gathering information and understanding your rights. If you have any further questions or need more help, feel free to reach out. Best of luck!