Is there a time limit on the support of an action in Florida?
rn
rnEin credit card company to recover a complaint in Circuit Court in Florida
HINTERLEGTENrnauf credit card debt. The appeal was dismissed in court just
HINTERLEGTENrnschüchtern what I calculate to the conclusion of the 4 years
statute werdenrnBegrenzung the Florida
rn
rnABER . The applicant was to provide service . long story, but I have are in my favor.
rn
rnSechs months have elapsed since filed the complaint office was showing, the Court notes that the case has not moved forward since . It states: “Summons returned – No Service”. This entry is six months old and over. No further movement since.
rn
rnFrage: Is there a time limit on the amount of time to complete the Plaintiff
rnhat the service? If not, how long does the credit card company has a perfect service?
rn
rnIch'm still hoping eventually protect myself with the SOL. Life has come to a complete stop. Fighting hard to restore file BK without
rn
rnGrü?e:)
rnKerl
Best Answer: The Credit Card Debt Survival Guide
Get yourself a good lawyer, fast.
The statute of limitations does not apply if fraud and/or criminal intent is suspected. the fact that you did not pay even a single payment does point towards an intent to defraud.
You may have to declare bankruptcy to get out from under this, depending on how large the loan was for, and if you can salvage any equipment to partially offset the obligation.
Do-It-Yourself Credit Card Debt Settlement Secrets
Reply:An arbitration award means that the case has already been decided by an arbiter. What is before a real judge right now is simply whether or not to enforce the arbitration award. If you do nothing, the judge will affirm the award and you can expect it to get harder from there.
So let me see if I understand this correctly …. with the arbiter award, the case has already been "decided", even though the Plaintiff never took me to court. The Plaintiff need only seek the Court's 'affirmation' of the award, thus becoming 'legally binding', as though the case had actually been litigated in court, and I, as defendant, lost the case … correct?!
As I had mentioned before, none of my creditors have been able to complete service on their efforts to take me to court to obtain legal remedy (long story). All of the 'notices' relating to the arbitration proceedings were delivered through regular mail (nothing requiring signatures or registered mail). When the arbiter seeks to obtain the court's affirmation, will they not have to notify me through a court appointed server?? … or will notification be satisfied through regular mail??
Regards.
Credit Card Debt Settlement Do it yourself like We did $67.00
Reply:This is a decent generic form to use as a starting point, but you will need to flesh it out. You will need to identify what state statutes or laws on arbitration you are refering to.
Also, if you were never served with notice of the arbitration proceeding, as may often be the case, you need to bring that up.
A real trap in arbitration for the defendant is waiver. There are many things about arbitration that a defendant could object to, but if you don't show up or participate, they plaintiff will argue you waived those objections. But if you were never even served with notice of the arbitration proceeding, then you haven't waived your objections and are entitled to raise them now.
Pay close attention to any deadlines under your state law.
The Debt Resolution Handbook – How to beat a credit card lawsuit.
Reply:I just got one of these cases in which the debt purchaser is trying to use the supposed arbitration award as the entire basis of the case. Based on my research, the arbitration provision (if any) is unenforceable under Texas arbitration law. On a consumer credit account under $50K in Texas, the arbitration agreement has to be signed by both the borrower and the borrower's lawyer. This never occurred. There are also all sorts of problems with it, like lack of service and notice of the arbitration proceeding and the award.
That arbitration outfit is also just a tool of the credit card industry and other big business, as far as I can tell. Just a rubber stamp for the industry. There has been some litigation against them. They are not fair or impartial, from what I have read, nor would I expect them to be. They are going to side with the credit card companies because otherwise the credit card companies would not use them.
It's pretty sneaky. It introduces some procedural twists that are going to beat the average pro se defendant who just files a general denial. You have to get the arbitration award tossed in order to beat one of these.
This is just another strategy that the credit card debt purchasers are going to use. They are constantly changing around their pleadings, discovery and other tactics, trying to stay one step ahead of the court decisions and the consumer lawyers.
The first step in any of these cases is to research your state law to see what rules it has concerning arbitration. In many states, the plaintiff is going to argue that federal arbitration law applies instead of state law, as the federal law is rather lax compared to some states. You'll have to do further research to see whether your state law or federal law applies. You need to learn the specific procedures for challenging an arbitration award and use those in your answer.
I am pretty confident I will get the arbitration award thrown out, and I counter sued for FDCPA violations. At the end of the day, my expectation is that they will owe us money and we'll owe them nothing.
I'll keep you posted.
When Collectors Call…
Reply:You shoult try this
http://whychat.5u.com/arbltr.html#MOTION
Motion To Deny Arbitration Award
The following format may be used to prevent the entry of an arbitration award , or to defend against an existing entry.
This is a GENERIC form, and you MUST obtain your own Court's guidelines for submitting any motion.
Use the sections in ITALICS to replace the sections underlined
[Name]
[Address]
[City state zip]
[Phone]
[Creditor or Collector]
ATTN: [Attorney]
[Address]
[City state zip]
[Date]
Re: [Plaintiff v. Defendant]; Case No. _____
COURT
STATE
__________________________,
PLAINTIFF,
v. Case No. ___________
__________________________,
DEFENDANT.
_____________________________________/
DEFENDANT'S MOTION TO DISMISS APPLICATION TO CONFIRM ARBITRATION AWARD, VACATE ARBITRATION AWARD AND FOR STAY OF PROCEEDINGS
Now comes this defendant, [NAME], and respectfully moves this court to dismiss plaintiff's application to confirm arbitration award, vacate arbitration award and for stay of proceedings thereon for the reasons herein:
____________________________
COURT
________________________
STATE
Re:Notice Of Arbitration Award(attach copy)
MOTION TO BAR APPLICATION TO CONFIRM ARBITRATION AWARD, AND FOR STAY OF PROCEEDINGS
Now comes this defendant, [NAME], and respectfully moves this court to BAR any application to confirm attached arbitration award, and for stay of any proceedings thereon for the reasons herein:
1. There was no valid written undertaking to arbitrate. There was no authority to arbitrate since the alleged arbitration provision was induced prior to any disputes.
2. There was fraud in the inducement of that undertaking, as it was a contract of adhesion.
3.The dispute was nonarbitrable.
4. Arbitration was rejected (exhibits attached)
5. Plaintiff did not waive any notice requirements or participate in the arbitration proceedings.
6. The arbitral tribunal conducted its proceedings unfairly and at an incovenient venue in contravention of the FDCPA and State Consumer Protection Statutes.
7. The award obtained is contrary to public policy and consumer protection laws of the United States and of this State.
8. Plaintiff's objective in bringing this claim into arbitration was to unlawful ly escape the formal rules of evidence, discovery and due proccess. The arbitration process is inherently prejudicial to any defense because of these factors and substantially impairs any consumer defendant's right to a fair and impartial hearing.
WHEREFORE defendant respectfully requests an order dismissing plaintiff's application to confirm arbitration award, to vacate arbitration award and for stay of proceedings thereon.
WHEREFORE defendant respectfully requests an order barring any application to confirm this arbitration award, and to stay any proposed proceedings thereon.
DATED this ___ day of [month] [year].
________________
[Defendant]
[Address]
[City state zip]
CERTIFICATE OF SERVICE
I [defendant] hereby certify that a copy of the foregoing was mailed to plaintiff's attorney, [attorney], by first class mail to: [address; city state zip] this ___ day of [month] [year].
By _______________________
Add your State's Notarization Jurat Here:
________________________Signed
________________________Notarize
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Reply:An arbitration award means that the case has already been decided by an arbiter. What is before a real judge right now is simply whether or not to enforce the arbitration award. If you do nothing, the judge will affirm the award and you can expect it to get harder from there.
Where you are right now is at determining if you have any sort of defense to the arbitration proceedings which could be used to quash the arbitration award. If you do, and sucessfully get the arbitration award denied, then the creditor has to start all over again…and if the SoL has expired by the time they are sent back to square one then they are screwed.
Bad Credit Loans – Free Cash Grants – Debt Help Here
Reply:In September of 2008, I received a letter from the "National
Arbitration Forum" advising that they had "awarded" moneys
to a "CACV of Colorado, LLC" (CACV) on a collection effort
that originated with a former credit card issuer of mine.
This "award" was issued around the completion of the 4 year
SOL in my home state of Florida. As I had mentioned before,
none of my former creditors had/have been able to complete
service on me to proceed legally in court.
Questions:
- With this arbitration award, will CACV be able to
collect/have legal remedy BEYOND the 4 year state of Florida
SOL? My plan was to sit tight until the SOL was complete
so I could avoid filing for bankruptcy.
- In what way should my game plan be modified now that this
'award' has be issued the National Arbitration Forum??
Regards. 
What Lies In Your Debt?
Reply:Just sit tight. If you never get served, you never need an attorney.
The War on Debt Video Series
Reply:"guy" thank you for posting the reply.
What is the best strategy for me movingforward, that takes advantage of the plaintiff's inability to serve the complaint?
If I need to wait till the 5 year mark (in Florida), then what do I need to ask of an attorney to do at that time … ask that the suit be dismissed based on SOL?
Thanks.
guy.
Adopt Debt Free
Reply:+1
… unserved complaints do eventually get dismissed (typically without prejudice) en masse when they're a year or two old.
Reply:Florida gives a plaintiff 120 days but in reality, it will run longer than that. If you ask for a dismissal at the 120 mark, the judge will give the plaintiff another 30 days or so.
Additionally, don't take it for granted that the SOL is going to be 4 years. If you're talking about a Visa or Mastercard, you'll most likely be looking at 5 years.
February 14th, 2011 
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