I am being taken to court for a debt that is 6 years old. I looked at my credit report..It was purchased by a law firm. The debt total is 1350.00 plus court costs. Could someone advise me on SOL for Fla. How should I handle this situation? Make a payment plan with the law firm or show up at court date? I have been unemployed for 8 months due to an on-the-job injury. Any advise would be appreciated. Thanks.

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SOL in Florida is for 4 years. Your last payment date will be needed to check the expiry of the SOL. Did you make any payment on this debt in the last four years?

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I have not made a payment in the past 4 years. How do you find out when the last payment was made or obtain a payment history?? Should I contact the original lender?

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If the law firm has purchased your account, the original company will not have your file in their system. Get the debt validated by the law firm. They need to mention when the last payment was done in response to your debt validation letter. Send the DV letter so that you are sure of them having your file.

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Where do I get a debt validation letter? The last payment made according to court papers was 01/31/04. My credit report also shows negative entries dating back to 1995. How do I get these removed from my credit report?

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Dispute the incorrect items with the credit bureau. They will verify your records with the data furnishers and update it.

You must check out on the last payment date because 01/31/04 makes the debt within the SOL. Get confirmed information from the law firm on the payment date.

DV letter is available in this link

http://www.debtconsolidationcare.com...s/sample6.html

Send it through certified mail with return receipt requested. The judge will ask you to show proof in resolving the matter. You have to make your defense strong by putting the ball in the law firm's court.

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Thanks for your help..I think that payment date is when the account was purchased from the original lender. I know I did't make any payments since around 2002-2003. I have a couple other cards showing payments made on dates I don't remember. Any ideas on this??

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Go through your previous bank statements to get the confirmed date. The law firm is trying to manipulate the dates and give it a current look. Re-aging of accounts is illegal in FCRA

To prove yourself in the fair side, you need to prove the dates from your bank statement. It won't take long for the judge to understand your story if you have the bank statement. On this basis, you can even file a lawsuit against the CRA and the law firm for reporting inaccurate items without showing proof. You need to explain your part so that the ball rolls in their court and the burden of proof falls on Capital One or the CRA.

First, highlight this item and dispute with the Credit bureau to correct the entry. Ask for the results of investigations if they decide to continue the reporting. This must not be the case if you have your documentation complete. If this is not resolved, speak with a lawyer who deals in lawsuits of fdcpa and FCRA violations.

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I don't have bank statements dating back that far..maybe I can get them from the bank. You have been such a great help to me..I will keep you updated. Thank you so much for your help.

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