I have just received a demand letter for a credit card machine lease of 9 years ago. Had to turn the machine in as store closed. It wass originally written off, now Pushpin Holdings LLc has sent a letter. I called them and they told me I would have to go to Illinois to court, I live in Florida,, and they would garnish my bank account and house. help please someone. I do have a small house and live on a disabilty check.
They are deliberately leaving out a couple of important facts:
1: The IL Statute of Limitations is years for Breach of Contract for Sale. Since the debt is 9 years old, it is Out of Statute. Source: http://www.statuteoflimitations.net/illinois_statute_of_limitations.htm
2: If they choose to start a lawsuit in Illinois, Illinois law requires that the summons be served by a Sheriff. However, since you are no longer in Illinois, they must find a qualified Process Sever in Florida.
Here are the relevant IL laws:
Sec. 2‑202. Persons authorized to serve process; Place of service; Failure to make return.
(a) Process shall be served by a sheriff, or if the sheriff is disqualified, by a coroner of some county of the State. A sheriff of a county with a population of less than 2,000,000 may employ civilian personnel to serve process. In counties with a population of less than 2,000,000, process may be served, without special appointment, by a person who is licensed or registered as a private detective under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 or by a registered employee of a private detective agency certified under that Act as defined in Section (a‑5). A private detective or licensed employee must supply the sheriff of any county in which he serves process with a copy of his license or certificate; however, the failure of a person to supply the copy shall not in any way impair the validity of process served by the person. The court may, in its discretion upon motion, order service to be made by a private person over 18 years of age and not a party to the action. It is not necessary that service be made by a sheriff or coroner of the county in which service is made. If served or sought to be served by a sheriff or coroner, he or she shall endorse his or her return thereon, and if by a private person the return shall be by affidavit.
Sec. 2‑208. Personal service outside State. (a) Personal service of summons may be made upon any party outside the State. If upon a citizen or resident of this State or upon a person who has submitted to the jurisdiction of the courts of this State, it shall have the force and effect of personal service of summons within this State; otherwise it shall have the force and effect of service by publication.
(b) The service of summons shall be made in like manner as service within this State, by any person over 18 years of age not a party to the action. No order of court is required. An affidavit of the server shall be filed stating the time, manner and place of service. The court may consider the affidavit, or any other competent proofs, in determining whether service has been properly made.
(c) No default shall be entered until the expiration of at least 30 days after service. A default judgment entered on such service may be set aside only on a showing which would be timely and sufficient to set aside a default judgment entered on personal service within this State.
(Source: P.A. 82‑280.)
3: Florida does not allow wage garnishment of the principal wage earner in the family.
4: Your disability cannot be garnished at all, nor can the bank account it goes into if that is the sole source of deposits into that account.
5: Your Statutory Homestead Exemption in Florida probably covers all your equity in your house, so they probably cannot attach that.
6:Pushpin Holdings is a Junk Debt Buyer who knowingly buys Out of Statute debt that they can get for just a couple of pennies on the dollar. Their business model is to contact you, act like gangbusters and scare a quick payment out of you to re-set the statute of Limitations and then sue. Don't fall for it. You have a solid SOL defense in both FL and IL.