Apollo Beach, FL asked in Small Claims for Florida

Q: Husband and I had capital one credit card, someone bought the account and is taking me to small claims

It’s from 2015 or 2016. The account got closed and because of interest the amount owed doubled. A company bought the account and is taking me to small claims, all of this during a pandemic! Do I have to show up/do the zoom? Do I need a lawyer.

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1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
  • Orlando, FL
  • Licensed in Florida

A: Yes, always be sure to show up and fight them as they are always trying to get default judgments, that is their game mainly. Also, they bought the debt, they need to prove they have ownership of the debt and are the rightful person to collect upon it, can they prove they are the owner and the debt is correct and accurate and most vitally, has the statute of limitations on the debt run out, you say as early as 2015, the time to file action and collect is usually 4 years on a cc debt, the debt may not be collectable, do not make their job and ploy as debt buyers easy by simply not showing up and giving them a default judgment (those hang over your head for 10-20) years and then they start making all sorts of demands and collection garnishment efforts, so, you are better off fighting them upfront and putting them to task to prove they can collect on it and that it is still valid, never ever just let them get an easy win default judgment. If this debt has not been paid in over 4 years and no lawsuit or judgment was given within that period, as I said, they may not be able to collect at all if you raise this as a defense. Again, allow not for the debt buyers life to be easy by not fighting them and making them show proof of ownership and ability to collect.

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