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Trying to help a friend and not sure what to do. They were just served with paperwork from the Courts in Osceola County, Fl. It was filed by Raush Sturm on behalf of Sears for some appliances purchased almost 5 years ago. The account was interest free and when it came time to make the final payment it was offered to Sears to split the final payment within 7 days of each other to clear the account. They refused and final payment was not made. In the documents they included only 1 statement which shows a balance now due of $9027.70 as of 1/9/2019.  Currently she has 10 days to answer the court complaint and I have no idea what we need to document or request. The amount is beyond ridiculous and she is currently a full time student with an unemployed spouse. Is there a way to request validation of the debt with all statement copies and proof it was purchased individually and not a bundle purchase (meaning they have no documents to prove they rightfully own?)

 

Any help or guidance is greatly appreciated. I have been reading on your boards about them being in the Hall of Fame for bad collectors. 

 

Thanks !

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9K? Really? That final payment must have been a dilly. What is the date of her last payment? The SOL for consumer debt in FLA is 4 years.

 

 Is there a way to request validation of the debt with all statement copies and proof it was purchased individually and not a bundle purchase (meaning they have no documents to prove they rightfully own?)

 

Not really; validation has a low bar and it doesn't include all this stuff. That is called discovery in court . Since they already sued, DV is off the table anyway.  Read the arbitration thread and see if the agreement she signed has it. 

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4 hours ago, legaleagle2012 said:

9K? Really? That final payment must have been a dilly. What is the date of her last payment? The SOL for consumer debt in FLA is 4 years.

 

 Is there a way to request validation of the debt with all statement copies and proof it was purchased individually and not a bundle purchase (meaning they have no documents to prove they rightfully own?)

 

Not really; validation has a low bar and it doesn't include all this stuff. That is called discovery in court . Since they already sued, DV is off the table anyway.  Read the arbitration thread and see if the agreement she signed has it. 

Let me add something to this:

 

Things are different if Florida.  In just about any other state, you would answer the complaint with improper venue due to arbitration as an affirmative defense, and also file an MTC (Motion To Compel arbitration).

 

In Florida, you would want to file an MTC in lieu of an answer,  No answer to the complaint, just file the MTC before the deadline.  

 

That is, of course, if the agreement has an arbitration provision.  

 

I have beaten that particular law firm with arbitration.  

 

 

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Validation when one has been sued is what we like to call DISCOVERY!  She needs to very quickly either engage counsel OR come up to speed on the law applicable to the jurisdiction. 

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leagleeagle2012:

 

9K? Really? That final payment must have been a dilly. What is the date of her last payment? The SOL for consumer debt in FLA is 4 years.

 

It was a 2 year interest free card and last payment was 5/2018 and final was due on 12/31/2018. Final was $1600

 

Sears refused to settle the final payment 2 days past due and demanded full amount with all interest, close to $3000. She tried to break the final payment into 2 payments and even pay a little more money, they refused. So here we are ......

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So, just to be clear...she didn't pay in a timely manner and then wanted to unilaterally change the terms of the Agreement between the parties?  

 

She won't be happy if she goes to trial.

 

In the interim, she needs to be learning some law and she ALSO needs to get her original copies from the desk that show the amounts paid each month and what was in each statement during the period of the deferred interest.

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