Sample Claim Statement With Debt Recovery In Florida
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I am writing in regards to the above-referenced debt to inform you that I am disputing this debt. Please verify the debt as required by the Fair Debt Collection Practices Act. I am disputing this debt because I do not owe it. Because I am disputing this debt, you should not report it to the credit reporting agencies.
Summary: You have 20 days to respond to a debt lawsuit in Florida before you run the risk of losing by default judgment. To respond, you should draft and file an Answer to the Summons and Complaint. In your Answer document, it's best to respond to each claim against you and assert your affirmative defenses.
Getting your debt lawsuit dismissed Validate the debt. Your first step is to ensure the debt is actually valid. Check for statute of limitations. Lack of standing. Errors in documentation. Settlement negotiations. Counterclaims and defenses. Seek legal counsel. Mediation and arbitration.
Summary: You have 20 days to respond to a debt lawsuit in Florida before you run the risk of losing by default judgment. To respond, you should draft and file an Answer to the Summons and Complaint. In your Answer document, it's best to respond to each claim against you and assert your affirmative defenses.
Your answer must be in writing and must be filed (received) on time with the Clerk of Courts at the Courthouse of the County listed at the top of the Summons (For example, Duval County Courthouse, etc.).
A statement of claim form should be used when a person wants to sue another person or business for an amount under $8,000.00, excluding costs, interest, and attorney fees. COMPLETING THE STATEMENT OF CLAIM. The statement of claim should be typed or printed in black ink.
You have two tools you can use to dispute a debt: first, a debt validation letter the debt collector is required to send you, outlining the debt and your rights around disputing it; then, a debt verification letter. You can submit a written request to get more information and temporarily halt collection efforts.
You, the plaintiff, must file a “Statement of Claim” form, available at your Clerk's office. This must be fully completed and signed to receive a pre-trial conference date. If your claim is based upon written documentation, attach a copy of the contract to the Statement of Claim form. You may file by mail or in person.
Your letter should identify each item you dispute, state the facts, explain why you dispute the information, and ask that the business that supplied the information take action to have it removed or corrected. You may want to enclose a copy of your report with the item(s) in question circled.
Unfortunately, my circumstances are unlikely to improve in the foreseeable future and I have no assets to sell to help clear my debt. I am therefore asking you to consider writing off my debt as I can see no way of ever repaying it. If you are unable to agree to this, please explain your reasons.
